Can I write my own Will and use the language I wish to use as long as I have 2 witnesses to it and name an executor?

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Can I write my own Will and use the language I wish to use as long as I have 2 witnesses to it and name an executor?

What else would I need?

Asked on January 14, 2012 under Estate Planning, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When you say "write" do you mean to hand write the Last Will and Testament? That is known as a "holograhic" will and those types of Wills are not accepted in every state - in fact most states do not accept them - and if it is accepted then it is generally limited to certain conditions (military personnel in times of war, etc.).  Also, each state has their own requirements for what makes a valid Will and there has to be that language in it: of sound mind, revoke all prior Wills, etc.  And some sates require a "ceremony" or sorts as to the witnesses signing. Please consider hiring some one to do this for you.  Good luck.


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