So, you’re done with the hard part. You’ve finally made the decision to create your Will. Congratulations! Although going through the process may seem daunting, it’s actually one of the easiest things you can do.

Must-Dos When Writing & Executing Your Will

Writing your Will is fairly simple. It can be handwritten or typed, and may be written on plain paper. You don’t need to write it on stamp paper, nor notarise or register it.

Once you’ve written your Will, however, it’s important to execute it properly for it to be legally valid. Here’s what you need to do:

1. The person writing the Will (ie the Testator) must sign the Will.
2. The Will must be signed by two (or more) Witnesses, where each Witness must see the Testator sign the Will.
3. Each Witness must sign the Will in the presence of the Testator, but it is not mandatory for more than one Witness to be present at the same time.

Additional Points To Keep In Mind

Apart from these must-dos, there are also some ‘good-to-dos’ you should follow - although they are not legally mandatory.

1. The Testator should sign, or initial, every page of the Will.
2. The Testator should sign and attach an additional document, such as an annexure, with the Will. The annexure can have a schedule of photographs for identifying personal articles (jewellery, artefacts, books, etc).
3. The Executor should be someone the Testator trusts, and if possible, younger than the Testator.
4. It is good to appoint independent individuals (ie those unrelated to the Testator and not having an interest in the Will) as Witnesses.
5. The Witnesses should be people who reside in the same city as the Testator. This is because they may be required to sign an affidavit before the court of appropriate jurisdiction at the time of probate, or other applicable court proceedings, when the Will is taking effect, ie when assets are to be distributed.
6. Every asset mentioned in the Will should be properly described, with all its necessary particulars. This makes it easier for your Executor to identify your assets seamlessly.
7. Similarly, every person (whether it is a Beneficiary, Executor, or others) mentioned in the Will should be properly described with their full name, relationship with you, age, and address.
8. Attaching a medical certificate issued by a doctor is a good idea, especially when elderly people are writing their Wills. The doctor’s certificate essentially certifies that the person writing the Will is of sound mind, has written and signed the Will of their own volition, and affirms that the doctor was present at the time of the signing of the Will.
9. It is good to keep a few copies in the custody of trusted individuals (advisors, lawyers, friends). You can even choose a professional Will storage facility.
10. It is also advisable to prepare a video recording while the Will is being signed and keep the recording safe, so that it can act as legal evidence to prove the validity of the Will.
11. Keep your family in the know (as much as possible) of your Will.
12. While it’s good to store your Will in a secure place, it’s equally important that the place is known and accessible to your loved ones.
13. Avoid storing your Will in a singly held bank locker, a locker at home (unless your trusted family member knows where the key is), or a locker at your office (if your family is not familiar with the premises).
14. Keep identity documents of the Testator and the Witnesses along with the Will.

If you'd like to begin your Will-making journey, Yellow makes it easy for you. The Yellow app is simple, streamlined, and secure, placing YOU in complete control of your information.

‍