How to Draft a Valid Will in Wisconsin

How to Draft a Valid Will in Wisconsin

Drafting a valid will in Wisconsin is an essential step in ensuring that your wishes are honored after your passing. A proper will helps avoid legal complications and ensures that your assets are distributed according to your desires. Here, we outline key steps and tips to effectively draft a legal will in Wisconsin.

Understanding the Requirements

Wisconsin law stipulates specific requirements for a will to be considered valid. Familiarizing yourself with these requirements is crucial:

  • Age: You must be at least 18 years old to create a valid will in Wisconsin.
  • Sound Mind: You should be of sound mind, meaning you must understand the nature of creating a will and its implications.
  • Written Document: A will must be in writing. It can be either handwritten (holographic) or typed.
  • Signature: You must sign the will. If you are unable to sign, another person can sign on your behalf in your presence and at your direction.
  • Witnesses: Wisconsin requires at least two witnesses who must sign the will in your presence. They should be at least 18 years old and of sound mind.

Steps to Draft Your Will

Now that you know the requirements, follow these steps to draft your will:

1. Decide on the Contents

Start by determining how you want your assets distributed. Make a list of your assets, including properties, bank accounts, personal belongings, and investments. Consider also any specific bequests you wish to make to friends or family members.

2. Choose an Executor

Your will should designate an executor, the individual responsible for managing your estate and ensuring your wishes are fulfilled. Choose someone you trust, and consider discussing the responsibility with them beforehand.

3. Draft the Will

Using clear and concise language, draft your will while ensuring it meets all the legal requirements mentioned earlier. You can use online templates or seek professional legal assistance if needed.

4. Review for Accuracy

Before finalizing your will, thoroughly review it for accuracy and clarity. Ensure all names, dates, and asset descriptions are correct. If you’ve included special instructions, double-check these as well.

5. Sign and Witness

Once satisfied with the draft, sign your will in front of your two chosen witnesses. Remember, they must also sign the document in your presence. It’s advisable to have witnesses who are not beneficiaries to avoid potential conflicts.

Safekeeping Your Will

After your will is signed and witnessed, keep it in a safe place. You might store it in a safety deposit box, a fireproof safe at home, or with your attorney. Inform your executor and trusted family members of its location to ensure it can be easily accessed when needed.

Updating Your Will

It’s important to review and update your will periodically, especially after significant life events such as marriage, divorce, the birth of children, or a change in financial status. In Wisconsin, you can revoke a will by creating a new one that states your intention or by physically destroying the old will.

Consulting a Professional

While it's possible to draft a will independently, consulting with an attorney who specializes in estate planning can help ensure that your will complies with all legal requirements and effectively reflects your wishes. Professionals can also provide guidance on tax implications or fiduciary responsibilities.

Following these steps will help you draft a valid will in Wisconsin, providing you with peace of mind knowing your estate will be handled according to your wishes. Take the time to plan your legacy thoughtfully and thoroughly.