Jump to Section

Quick Facts — Will and Testament Lawyers

A will and testament is a statutory document summarizing how you want your assets and other belongings to be allocated after you pass away. It is a means to express your wishes and guarantee that your loved ones are cared for. A will can also determine who should be accountable for carrying out your desires, such as an executor or a trustee.

Importance of Will and Testament

A will and testament is an important document that defines an individual's wishes regarding the distribution of their assets and property after death. Moreover, this document generally contains details about who should inherit the individual's property, how their debts should be settled, and who should handle their estate. Below are some points that describe the importance of a will and testament.

  • Ensuring that Your Wishes are Carried Out

    Perhaps the most significant advantage of having a will and testament is that it guarantees your wishes are fulfilled after your demise. Without a will, your property will be distributed according to federal law, which may not align with your desires. Having a will in place ensures that your property is distributed according to your wishes, which can help prevent conflicts and disputes among family members or other interested parties.

  • Reducing Taxes and Other Expenses

    Another advantage of having a will is that it can help reduce taxes and other expenditures that can arise in your estate. For instance, a well-drafted estate plan can help minimize estate taxes, which can greatly burden your loved ones. Additionally, a will can help minimize probate costs and other legal expenditures arising after your demise.

  • Protecting Your Loved Ones

    A will can also help protect your loved ones after your death. For instance, if you have minor kids, a will can name a guardian accountable for their care if you pass away. In addition, a will can establish trust for your kids or other loved ones, providing for their financial requirements and guaranteeing they are cared for after your death.

  • Avoiding Conflicts and Legal Challenges

    Having a will can also help prevent conflicts and legal challenges after your demise. When you pass away without a will, your property will be allocated according to state law, which can lead to disputes among family members or other interested parties. A will can help control these disputes by clearly outlining your wishes and providing instructions for distributing your assets and property.

How to Create a Will and Testament

If you are interested in creating a will and testament, there are several steps that you should take. Initially, you should consult a skilled estate planning lawyer who can assist you in navigating the complicated legal prerequisites of creating a will. Also, you should carefully consider your wishes and determine the people with whom you want to inherit your property.

Once you have made your will, keeping it updated as your circumstances change is important. For instance, if you get divorced, married, or have kids, you may need to revise your will to reflect these changes. Below are steps you must follow to create your will and testament.

  1. Determine Your Assets. The primary step in creating a will and testament is deciding your assets. Your assets may comprise investments, property, bank accounts, retirement accounts, and other valuable possessions. Create a list of all your assets and their approximate value. It will help you determine how you want to distribute your assets.
  2. Pick Your Beneficiaries. The next step is to pick your beneficiaries. Your beneficiaries are the individuals who will obtain your assets after your demise. You can select your partner, kids, siblings, parents, or other family members. You can also select charities or institutions that you want to support.
  3. Select an Executor. An executor will be accountable for carrying out the instructions in your will. Select someone you trust to be your executor. This individual should be reliable and organized, as they will manage your assets and make necessary decisions on your behalf.
  4. Decide on Guardianship. If you have kids who are minors, you will need to determine who will be their guardian after your demise. It is an essential decision, as it will decide who will be accountable for the care and upbringing of your kids.
  5. Consult with a Lawyer. While it is likely to create a will and testament on your own, it is highly advised to consult with a lawyer. A lawyer can help you navigate the legal procedure and guarantee your will is lawfully binding. They can also advise you on specific matters related to your heirs, assets, or custody.
  6. Prepare Your Will. Once you have determined your assets, beneficiaries, executor, and guardianship, it is time to draft your will. Your lawyer can help you with this process. Your will should incorporate the following:
    • Your contact information and name
    • The name and contact details of your executor
    • The names and contact information of your beneficiaries
    • A list of your assets and how you want them to be distributed
    • Instructions for guardianship, if appropriate
    • Any other instructions or propositions you have
  7. Sign and Execute Your Will. After you have prepared your will, you must sign it with two witnesses. In some states, you may also need to have your will registered. Check with your lawyer to decide the specific requirements in your state.
  8. Review and Update Your Will Regularly. Once you have made your will, checking and updating it regularly is essential. Life events such as birth, marriage, death, or changes in your financial situation may need updates to your will. Reviewing your will every few years or after prominent life events are suggested.
Meet some lawyers on our platform

Rhea d.

239 projects on CC
CC verified
View Profile

Dolan W.

1145 projects on CC
CC verified
View Profile

Benjamin W.

180 projects on CC
CC verified
View Profile

Sarah T.

41 projects on CC
CC verified
View Profile

Key Terms for Will and Testament

  • Testator/Testatrix: The individual who makes a will and specifies how their property will be distributed after demise.
  • Beneficiary: A person or entity named in the will to acquire property or assets from the testator's inheritance.
  • Executor/Executrix: An individual designated in the will to handle the testator's estate and fulfill their wishes after death.
  • Intestate: When someone departs without a will, their estate is distributed according to state regulations, which may not reflect their wishes.
  • Probate: The legal procedure by which a court ascertains the validity of a will and oversees the allocation of assets.
  • Bequest: A gift of property or assets made in a will.
  • Codicil: A legal paper that amends or supplements a will.

Final Thoughts on Will and Testament

In a nutshell, a will and testament is a critical document to help ensure your wishes are fulfilled after your demise. Creating a will can safeguard your loved ones, reduce taxes and other expenses, and prevent conflicts and legal challenges. If you are interested in making a will, it is necessary to consult with a skilled estate planning lawyer who can help you navigate the legal provisions and ensure that your wishes are properly registered.

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Will and Testament?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,998 reviews

Meet some of our Will and Testament Lawyers

Michael C. on ContractsCounsel
View Michael
5.0 (16)
Member Since:
May 12, 2023

Michael C.

Attorney and Business Consultant
Free Consultation
Fayetteville, AR
18 Yrs Experience
Licensed in AR, MN
Brigham Young University

I offer top-tier legal expertise in startups, corporate governance, and general legal research. As a professor and published author, I have established myself as a legal expert, writer, and scholar. My strong research skills and innovative thinking make me a highly capable business consultant, legal adviser, and copywriter. Currently licensed to practice in Minnesota and Arkansas. Recent freelance projects include business plans, contract drafting, legal advisory memoranda, due diligence, pre-trial motion practice, and discovery review.

Recent  ContractsCounsel Client  Review:
5.0

"Michael was fast, helpful, and delivered exactly what I asked for!"

Steven W. on ContractsCounsel
View Steven
4.9 (22)
Member Since:
June 2, 2023

Steven W.

Attorney
Free Consultation
Texas & North Carolina
5 Yrs Experience
Licensed in NC, NY, TX
North Carolina Central University

Attorney Steven Wax is ardent about helping his clients. Whether creating personalized estate plans, drafting and negotiating contracts or other legal matters. Steven’s goal is to assist and counsel his clients to protect them and their loved ones. Steven grew up on Long Island, New York. He attended the University of Massachusetts in Amherst earning a BS in Sport Management. He earned his paralegal certificate at Duke University and earned his Juris Doctorate from North Carolina Central University School of Law in Durham, NC. Steven has an extensive legal career in the life science sector, working for some of the world’s largest Contract Research Organizations since 2013. Steven has negotiated a broad range of contracts for both businesses and individuals. Steven participated in the NCCU Elder Law Project, where he prepared wills, durable powers of attorney, living wills, and health care powers of attorneys for low/fixed income clients in Durham and surrounding counties. Steven finds meaningful ways to share his skills and passion with his community. Steven volunteers his time to Wills for Heroes, which provides no-cost estate planning documents to first responders and their families, through the NC Bar Foundation.

Recent  ContractsCounsel Client  Review:
5.0

"Steven helped me review a pre-nup and was responsive and professional throughout the process. I highly recommend him for anyone considering his services. Thank you!"

Sara S. on ContractsCounsel
View Sara
4.9 (157)
Member Since:
July 14, 2023

Sara S.

Attorney
Free Consultation
Washington, District of Columbia
6 Yrs Experience
Licensed in DC, MD, PA
American University Washington College of Law

With over eleven years of intellectual property experience, I’m happy to work on your contract problem. I am very diligent and enjoy meeting tight deadlines. Drafting memoranda, business transactional documents, termination notices, demand letters, licenses and letter agreements are all in my wheelhouse! Working in a variety of fields, from construction to pharmaceutical, I enjoy resolving any disputes that come across my desk. I will prioritize your project, big or small. Please be ready and prepared with all relevant documentation so we can get started as soon as you click HIRE! Hourly rate projects will be billed hourly in accordance with the timesheet. Flat rate projects will be billed in segments. Choosing an hourly or flat rate is up to you. Absolutely no refunds.

Recent  ContractsCounsel Client  Review:
5.0

"Sara was responsive and knowledgeable about prenup specifics. Thank you so much!"

Jason H. on ContractsCounsel
View Jason
4.9 (21)
Member Since:
March 5, 2023

Jason H.

Managing Attorney
Free Consultation
Dallas, Texas
25 Yrs Experience
Licensed in TX, VA
Regent University, School of Law

Jason has been providing legal insight and business expertise since 2001. He is admitted to both the Virginia Bar and the Texas State Bar, and also proud of his membership to the Fellowship of Ministers and Churches. Having served many people, companies and organizations with legal and business needs, his peers and clients know him to be a high-performing and skilled attorney who genuinely cares about his clients. In addition to being a trusted legal advisor, he is a keen business advisor for executive leadership and senior leadership teams on corporate legal and regulatory matters. His personal mission is to take a genuine interest in his clients, and serve as a primary resource to them.

Recent  ContractsCounsel Client  Review:
5.0

"Wonderful attorney! He was extremely professional, answered all of my questions and was patient with my complicated legal situation. Don’t hesitate to hire him."

Ryenne S. on ContractsCounsel
View Ryenne
4.9 (596)
Member Since:
October 11, 2022

Ryenne S.

Principal Attorney
Free Consultation
Chicago, Illinois
16 Yrs Experience
Licensed in IL
DePaul University College of Law

My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.

Recent  ContractsCounsel Client  Review:
5.0

"She gave clear and thorough information about my document and gave sound recommendations for the path forward."

Linda W. on ContractsCounsel
View Linda
5.0 (35)
Member Since:
August 15, 2023

Linda W.

Attorney
Free Consultation
West Palm Beach, FL
42 Yrs Experience
Licensed in FL
University of Miami School of Law

o Experience includes meeting with clients, numerous court appearances and mediations concluded with successful settlements. Exceptional communication skills both oral and written. Available to travel…. Flexible schedule. A general practice with emphasis in contracts of any nature, landlord/tenant/ real estate, leases, deeds, mortgages, prenuptial and postnuptial agreements, wills and trusts, collections, business/corporate..... * In addition, Florida Real Estate License with extensive experience in this area as well. • o Skills: Legal Matters · Legal Practice · Interpersonal Skills · Employment Contracts · Time Management · Mediation · Legal Document Preparation · Commercial Contracts · Writing · Dispute Resolution · Attention to Detail · Real Estate · Contract Negotiation · Due Diligence · Breach of Contract · Analytical Skills

Recent  ContractsCounsel Client  Review:
5.0

"Linda was patient, professional, and thorough throughout the entire process. She delivered a well-drafted limited purpose postnuptial agreement at a very reasonable flat fee and was always responsive when I had questions. Highly recommend."

Daniel W. on ContractsCounsel
View Daniel
Member Since:
August 15, 2023

Daniel W.

Attorney
Free Consultation
New York, NY
8 Yrs Experience
Licensed in NY
Syracuse University College of Law

I am an experienced New York Attorney pleased to offer my services to clients who are seeking assistance with startup consulting and/or business related legal work. My expertise in both of these areas allows me to provide comprehensive legal support to entrepreneurs and businesses of all sizes.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Will and Testament?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,998 reviews
Estate Planning lawyers by top cities
See All Estate Planning Lawyers
Will and Testament lawyers by city
See All Will and Testament Lawyers

ContractsCounsel User

Recent Project:
Write a codicil to will
Location: Pennsylvania
Turnaround: Over a week
Service: Drafting
Doc Type: Living Will
Number of Bids: 2
Bid Range: $500 - $1,000

ContractsCounsel User

Recent Project:
Living will with estate planning
Location: Pennsylvania
Turnaround: Over a week
Service: Contract Review
Doc Type: Living Will
Page Count: 3
Number of Bids: 4
Bid Range: $300 - $500

Need help with a Will and Testament?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,998 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city