A will is a legal declaration of a person’s intent as to how he would like to have his property distributed after his death. It is an integral part of every estate plan, even if the basis for the plan is a trust.

When having a will written, it is important for the testator to understand that not all property passes according to the terms of a will. Even if he has a will, some of his property may pass to others by operation or law (such as property owned jointly with another with the right of survivorship) or by contractual designations (such as the terms of a trust, an insurance policy, a retirement account, or any other asset controlled by a written agreement in which a beneficiary is named). These assets are considered “non probate assets” and are not controlled by the will. In making an estate plan, it is important to take all of these methods of transfer into account.

A Will Normally Contains Most, if not all, of the Following Provisions:

• An “Exordium Clause” which identifies the testator and his domicile, declares the document to be a will and revokes prior will and codicils.
• A disposition of tangible personal property, which may make reference to a separate writing (not a part of the will but signed by the testator) disposing of certain specific items of this tangible personal property, or may give certain items to specific beneficiaries.
• Specific Bequests: special gifts of money to persons or organizations
• Special disposition of real estate
• Residuary Clause disposing of all assets not otherwise distributed.
• Trust(s) for underage beneficiaries.
• Appointment of Executor, Trustee and Guardian
• A clause addressing the payment of debts, expenses of the estate and taxes.
• Signature of Testator and Attestation (witness clauses)/Because of the possible delay that can occur in locating and probating a will, instructions for anatomical gifts and funeral arrangements should be given outside of the will.