Editing Will and testament (section)

==Requirements for creation==
[[File:Quaid-i-Azam's Will at Islamia College Peshawar.jpg|thumb|right|200px|[[Muhammad Ali Jinnah]]'s will, excerpt]]
Any person over the [[age of majority]] and having "[[testamentary capacity]]" (i.e., generally, being of [[sound mind]]) can make a will, with or without the aid of a lawyer.

===Content of the will===
Required content varies, depending on the jurisdiction, but generally includes the following:
* The testator must clearly identify themselves as the maker of the will, and that a will is being made; this is commonly called "publication" of the will, and is typically satisfied by the words "last will and testament" on the face of the document.
* The testator should declare that he or she revokes all previous wills and [[Codicil (will)|codicils]]. Otherwise, a subsequent will revokes earlier wills and codicils only to the extent to which they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, the earlier will is considered completely revoked by implication.
* The testator may demonstrate that he or she has the capacity to dispose of their property ("sound mind"), and does so freely and willingly.
* The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). There may be extra witnesses, these are called "supernumerary" witnesses, if there is a question as to an interested-party conflict. Some jurisdictions, notably [[Pennsylvania]], have long abolished any requirement for witnesses. In the United States, [[Louisiana]] requires both attestation by two witnesses as well as notarization by a notary public. [[Holographic will]]s generally require no witnesses to be valid, but depending on the jurisdiction may need to be proved later as to the authenticity of the testator's signature.
* If witnesses are designated to receive property under the will they are witnesses to, this has the effect, in many jurisdictions, of either (i) disallowing them to receive under the will, or (ii) invalidating their status as a witness. In a growing number of states in the United States, however, an interested party is only an improper witness as to the clauses that benefit him or her (for instance, in [[Illinois]]).
* The testator's signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator's intentions.
* One or more beneficiaries (devisees, legatees) must generally be clearly stated in the text, but some jurisdictions allow a valid will that merely revokes a previous will, revokes a disposition in a previous will, or names an executor.

A will may not include a requirement that an heir commit an illegal, immoral, or other act against public policy as a condition of receipt.

In [[community property]] jurisdictions, a will cannot be used to disinherit a surviving spouse, who is entitled to at least a portion of the testator's estate. In the United States, children may be disinherited by a parent's will, except in Louisiana, where a minimum share is guaranteed to surviving children except in specifically enumerated circumstances.<ref>For example, if the child attempted to kill the parent.</ref> Many civil law countries follow a similar rule. In England and Wales from 1933 to 1975, a will could disinherit a spouse; however, since the [[Inheritance (Provision for Family and Dependants) Act 1975]] such an attempt can be defeated by a court order if it leaves the surviving spouse (or other entitled dependent) without "reasonable financial provision".

===Role of lawyers===
There is no legal requirement that a will be drawn up by a lawyer, and some people may resist hiring a lawyer to draft a will.<ref name="cro">{{Cite news |url=https://www.consumerreports.org/cro/2013/11/how-to-create-a-bulletproof-estate-plan/index.htm |title=Steps to Create an Estate Plan - Consumer Reports |date=November 2013 |work=Consumer Reports |access-date=2020-04-21 |language=en-US}}</ref> People may draft a will with the assistance of a lawyer, use a software product<ref name="usn">{{Cite news |last=Hartman |first=Rachel |url=https://money.usnews.com/money/retirement/aging/articles/the-best-online-will-making-programs |title=The Best Online Will Making Programs|work=U.S. News & World Report |date=2019-11-06}}</ref> or will form, or write their wishes entirely on their own. Some lawyers offer educational classes for people who want to write their own will.<ref name="msp">{{Cite news |last=Ewoldt |first=John |url=https://m.startribune.com/prince-s-estate-highlights-the-value-of-creating-a-will/378423311/ |archive-url=https://web.archive.org/web/20160511214007/https://m.startribune.com/prince-s-estate-highlights-the-value-of-creating-a-will/378423311/ |url-status=dead |archive-date=2016-05-11 |title=Prince's estate highlights the value of creating a will |date=2016-05-11 |work=Minneapolis Star Tribune |access-date=2020-04-21}}</ref>

When obtained from a lawyer, a will may come as part of an [[estate planning]] package that includes other instruments, such as a [[living trust]].<ref name="nyonline">{{Cite news |last=Sullivan |first=Paul |url=https://www.nytimes.com/2018/09/07/your-money/online-wills.html |title=Making Wills Easier and Cheaper With Do-It-Yourself Options |date=2018-09-07 |work=The New York Times |access-date=2020-04-21 |language=en-US |issn=0362-4331}}</ref> A will that is drafted by a lawyer should avoid possible technical mistakes that a layperson might make that could potentially invalidate part or all of a will.<ref>{{cite web |last1=Beck |first1=Laura W. |last2=Bartlett |first2=Stefania L. |last3=Nerney |first3=Andrew M. |title=Wills: Connecticut |url=https://www.cl-law.com/uploads/Wills-Connecticut-w-010-0785.pdf |website=Cummings & Lockwood, LLC |publisher=Practical Law |access-date=23 April 2020}}</ref> While wills prepared by a lawyer may seem similar to each other, lawyers can customize the language of wills to meet the needs of specific clients.<ref name="mw">{{Cite news |last=Hill |first=Catey |url=https://www.marketwatch.com/story/dont-buy-legal-documents-online-without-reading-this-story-2015-11-23 |title=Don't buy legal documents online without reading this story |date=2015-11-27 |work=Market Watch |access-date=2020-04-21 |language=en-US}}</ref>

===International wills===
In 1973 an international convention, the ''Convention <!--There is no capital P in the next word -->providing a Uniform Law on the Form of an International Will'',<ref>{{cite web|url=https://www.unidroit.org/instruments/international-will|title=Convention providing a Uniform Law on the Form of an International Will (Washington, D.C., 1973)|date=2013-11-07|website=www.unidroit.org|access-date=2020-02-22}}</ref> was concluded in the context of [[UNIDROIT]]. The Convention provided for a universally recognised code of rules under which a will made anywhere, by any person of any nationality, would be valid and enforceable in every country that became a party to the Convention. These are known as "international wills". It is in force in Australia, Belgium, Bosnia-Herzegovina, Canada (in 9 provinces, not Quebec), Croatia, Cyprus, Ecuador, France, Italy, Libya, Niger, Portugal and Slovenia. The Holy See, Iran, Laos, the Russian Federation, Sierra Leone, the United Kingdom, and the United States have signed but not ratified.<ref name=usbar>{{cite web|last1=Eskin|first1=Vicki|last2=Driscoll|first2=Bryan|title=Estate Planning with Foreign Property|url=https://www.americanbar.org/groups/gpsolo/publications/gp_solo/2011/april_may/estate_planning_withforeignproperty/|publisher=American BAR Association|access-date=3 January 2022}}</ref> International wills are only valid where the convention applies. Although the U.S. has not ratified on behalf of any state, the Uniform law has been enacted in 23 states and the District of Columbia.<ref name=usbar />

For individuals who own assets in multiple countries and at least one of those countries are not a part of the Convention, it may be appropriate for the person to have multiple wills, one for each country.<ref name=usbar /><ref name="advoc">{{cite web|last1=Fry|first1=Barry|title=Cross Border Estate Issues|url=http://www.advoc.com/uploads/5753160407709e81245677431.pdf|website=Advoc|access-date=7 June 2017|date=2012}}</ref> In some nations, multiple wills may be useful to reduce or avoid taxes upon the estate and its assets.<ref>{{cite web|last1=Popovic-Montag|first1=Suzana|last2=Hull|first2=Ian M.|title=The Risks and Rewards of Multiple Wills|url=http://www.huffingtonpost.ca/suzana-popovicmontag/multiple-wills_b_8226444.html|website=HuffPost Canada Business|access-date=7 June 2017|date=2 Oct 2015}}</ref> Care must be taken to avoid accidental revocation of prior wills, avoid conflicts between the wills, and anticipate [[jurisdiction]]al and [[choice of law]] issues that may arise during probate.<ref name="advoc" />