Knowing how to write a will properly is essential if you want to make sure your assets are distributed according to your wishes and your loved ones are protected after your passing. A well-drafted will is more than just a document—it’s peace of mind for you and your family.
In this complete guide, we will analyse the types of wills, the elements they must include, and how to ensure the will is valid. While it’s always wise to consult a lawyer, this article gives you a solid foundation to get started.
What is a will and why do you need one?
A will, also known as a last will and testament, is a legally binding document in which you outline how your property, possessions, and other assets should be distributed after your death. Without a valid will in place, local inheritance laws will determine who inherits your estate—potentially leading to outcomes that don’t reflect your true wishes. By learning how to write a will, you gain complete control over:
- Who inherits your estate and in what proportion
- Who manages your estate (your chosen executor)
- Who will care for your minor children, through named guardians
- What charitable donations or gifts you want to make
In short, a will ensures that your voice is heard and respected—legally and personally—even after you’re gone.
How to write a will: step-by-step
Step 1: Choose the right type of will
Before writing a will, you need to understand the different types of wills. Choosing the right format depends on your preferences for privacy, flexibility and cost. The most common ones are:
- Holographic will: Is written entirely by hand by the person making the will (the testator). To be valid, it must meet specific legal requirements—such as being clearly dated, signed, and written by someone of legal age and full mental capacity. While this type of will can be kept private or entrusted to someone for safekeeping, it carries more risk of being contested or overlooked.
- Notarial will: Is signed before a notary. This is often considered the most secure and legally robust option, as it benefits from professional oversight. However, it typically involves additional costs.
Furthermore, the difference between an open or closed will lies in the fact that in an open will, the notary and witnesses know the content at the time of signing. While in a closed will, the content remains confidential until the death and the opening of the will.
Step 2: Identify yourself clearly
To ensure your will is legally valid and cannot be contested, it must start with a clear identification of the person making it—the testator. This section should include the following personal details:
- Full legal name
- Date and place of birth
- National identification number or passport number
- Current residential address
- Marital status
- A declaration that you are of sound mind and making the will voluntarily
Providing this information upfront leaves no room for doubt about your identity and mental capacity, helping to avoid future legal disputes or confusion among heirs.
Step 3: List your assets and name your beneficiaries
When learning how to write a will, you need to list your assets and specify who should inherit them. Being precise avoids confusion and reduces the risk of legal disputes after your death. Here’s what to include:
- Full names of your beneficiaries or heirs (family members, friends, charities, etc.)
- The exact share each person should receive—either as a percentage of your estate or through specific items (such as property, jewelry, vehicles, or bank accounts)
- Special gifts or personal belongings you wish to allocate to specific individuals
- Contingency instructions—what should happen if a beneficiary passes away before you
💡 Important: If you live in a country with forced heirship rules—like Spain, which enforces the “legítima”—you must respect the minimum legal share reserved for children or other descendants. Failing to comply with local inheritance laws can result in your will being partially invalidated or contested in court.
By clearly identifying your assets and beneficiaries, and aligning your wishes with legal requirements, you ensure your estate is distributed exactly as intended.
Step 4: Name an executor and understand the role of witnesses
Firstly, two roles need to be considered: the executor and the witnesses. They ensure your final wishes are respected and your will is legally valid.
Appointing an executor
The executor is the person responsible for managing your estate after your death. Their tasks include handling paperwork, paying any debts or taxes, and distributing your assets according to your will. Choose someone responsible, organized, and trustworthy—such as a close relative, a friend, or a legal professional.
You can also name a substitute executor in case your first choice is unable or unwilling to take on the role when the time comes.
When are witnesses required?
Depending on the type of will and your personal circumstances, witnesses may be required to validate the document. Witnesses are especially necessary if:
- You are unable to sign the will yourself
- You are blind or unable to read the contents
- You declare you do not understand the document or require someone to read it aloud
💡 Witnesses serve to confirm that the will was made voluntarily when signing it. To avoid any conflicts of interest, make sure your witnesses are not beneficiaries of the will.
Step 5: Sign, date, and deposit your will correctly
Once you have written your will, the final step is to sign and date it. In many jurisdictions, for a will to be legally binding, it must meet specific signing requirements. Here is what to do:
- Sign and date the will clearly at the end of the document
- Have witnesses present at the time of signing, if required by your local law
- Ask your witnesses to include their full names, signatures, and contact details
💡 Important: Always follow the legal formalities of your country or region, as even a small error could invalidate your will.
Important additional provisions in your will
As you finalize your will, you may want to include additional provisions that reflect your personal wishes. These details can further ensure that your estate is handled exactly as you envision. Some important considerations include:
- Donations to charitable organizations: If you wish to leave a portion of your estate to a charity or cause, this should be clearly stated in your will.
- Specific funeral or burial instructions: If you have preferences for your funeral, cremation, or burial, outline them explicitly to avoid confusion among your loved ones.
- Custody of minor children: If you have children under the age of 18, it is essential to designate a guardian in your will to care for them in the event of your passing.
Additionally, to ensure your will is recognized as the most recent and valid version, include a revocation clause. This statement should clearly indicate that the current will revokes any prior wills or codicils. For example:
“This is my last will and testament, revoking all previous wills.”
💡 Note: Testamentary provisions are always revocable. This means that no clause in a will can prevent you from making changes or creating a new will in the future. This applies to all types of wills, including holographic wills.
How to register or deposit your will in Spain and Belgium
Once your will is signed, storing it safely—and possibly registering it—is key to ensuring your heirs can access it when needed.
🇪🇸 In Spain
For notarial wills, the original is kept by the notary, and a certified copy is provided to you. Within three business days, the notary files a notice with the General Register of Last Wills (Registro General de Actos de Última Voluntad).
- The will itself is not archived in the register—only a record of its existence.
- To request a last will certificate, your heirs must provide the death certificate, and the request can only be made 15 days after the date of death.
🇧🇪 In Belgium
Belgium uses the Central Register of Wills (CRT) for authentic and international wills.
If no valid will is found, Belgian law applies the standard order of succession, based on family kinship. If the will remains in private custody, heirs must know of its existence to find it.
Other essential considerations in drafting a will
As you learn how to write a will, there are a few additional factors to keep in mind. It’s essential to consider your family dynamics and potential tensions that could arise among your heirs. Regularly updating your will, especially after major life events like marriages, divorces, births, or deaths, it’s important.
In conclusion, local laws and regulations vary, so to ensure your will is valid and legally sound, consulting with a specialized lawyer of Arthur & Marin is always a wise choice.
📩 Contact us today at info@arthurmarin.com or
📞 Call us +32 465 345 345.
📃 Our experienced team is here to guide you, ensuring your wishes are respected and your estate is properly managed.
