Last Will & Testament — Contents Checklist

Quick essentials

• Appointment of Executor(s)
• Guardianship for minor children (if applicable)
• Specific bequests (items or cash)
• Residuary estate clause (distribution of remainder)
• Signature, witnesses, and formalities

1. Opening & Formalities

Common elements to establish the will's validity and intent.

• Declaration of identity and testamentary intent ("This is my last will...")
• Revocation of prior wills and codicils
• Statement of capacity and voluntary execution

2. Appointment of Fiduciaries

• Executor(s): name primary and alternates.
• Trustee(s): for any testamentary trusts.
• Guardian(s): for minor children or dependents (and alternates).
• Agent for digital assets: optional person to manage online accounts/crypto.

3. Funeral & Burial Wishes

• Preference for burial, cremation, or donation of body/organs.
• Requested ceremony type, location of burial/ashes, or music/rituals.
• Note: these are often put in a separate non-binding letter of wishes, since wills may not be read immediately.

4. Payment of Debts & Expenses

• Instructions to pay funeral, medical, and administration costs.
• Order of payment: tax debts, secured debts, unsecured debts.
• Whether debts reduce specific gifts or are paid from the residue.

5. Specific Bequests

Detailed gifts to named beneficiaries.

• Tangible personal property (jewelry, heirlooms, artwork).
• Cash legacies (specific monetary amounts).
• Business interests, shares, or partnership interests.
• Digital assets (cryptocurrency, domains, social accounts) — include access instructions if appropriate.
• Pet gifts: naming a caregiver and allocating funds for ongoing care.

6. Real Property Dispositions

• Specific transfer of real estate to named beneficiaries.
• Option to sell and divide proceeds, or hold property in trust.
• Life estate arrangements (e.g., give a spouse lifetime use, remainder to children).

7. Residuary Estate Clause

Disposition of whatever remains after specific gifts, debts, and expenses.

• Commonly to spouse, children, or in equal shares to named beneficiaries.
• Can direct a percentage to charities or to create a fund.

8. Trust Provisions

• Testamentary trust for minors: delay distributions until a stated age or milestone.
• Spendthrift or protective trust: protects beneficiaries from creditors or poor money management.
• Education or maintenance trusts: funds earmarked for schooling, health or support.
• Charitable trust: ongoing gifts or endowments directed by the will.

9. Contingency Provisions

• Alternate beneficiaries if a named beneficiary predeceases the testator.
• Per stirpes vs. per capita distribution choices (how descendants inherit).
• Disaster or simultaneous death clauses (e.g., common disaster provisions).

10. No-Contest / In Terrorem Clause

A clause designed to discourage beneficiaries from challenging the will by threatening forfeiture of their gift if they contest.

11. Business Succession & Shared Assets

• Instructions for transferring business ownership, management roles, or sale proceeds.
• Buy-sell triggers or direction to co-owners.

12. Digital & Online Asset Management

• List of digital accounts, keys, and passwords (consider secure storage and reference rather than embedding in the will).
• Direction on social media, email, and cryptocurrency.

13. Personal Messages & Letters of Wishes

Non-binding messages, moral wishes, or practical notes (often placed in a separate letter to beneficiaries).

14. Signatures, Witnesses & Notarization

• Testator signature in presence of required number of witnesses.
• Witness signatures, names, addresses and dates (local law varies).
• Notarial attestation where required or desired for extra proof.