How To Write A Will Without A Lawyer

Many individuals find it astonishing that they can create a will without the assistance of a lawyer. In Sweden, several approaches exist to draft a legally binding will. This article delineates each stage of the will creation process, commencing from initial planning to the ultimate steps of signing and safeguarding your will.

What are the 3 different ways to make a will without a lawyer?

Apart from utilizing a lawyer's services, there are three alternative methods for creating your will:

Crafting a holographic will (commonly referred to as a handwritten will)
Purchase a DIY will kit
Use an online will platform

Each of these options comes with its own set of advantages and disadvantages, which may vary depending on your individual circumstances.

‍How do you make a will legally valid?

The prerequisites may vary, but generally, the fundamental guidelines for creating a legally binding will in Sweden comprise:

The will must be stored as a physical copy
Being of sound mind and reaching the age of majority. Certain exceptions may apply if you're below the required age, such as being married, having children, or serving in the armed forces.
If the will is typed, signing it in wet ink in the presence of two valid witnesses who must also sign to attest they witnessed your signature.
Ensuring that all signatures are placed at the very end of the will.

As you can see, none of these requirements necessitate the involvement of a lawyer. However, if you seek legal guidance, intend to disinherit a family member, or wish to include personalized clauses reflecting your unique life circumstances, consulting a lawyer becomes essential.

So can I just write a will myself?

Although crafting a handwritten will (a holographic will) remains an option, it may not be the most advisable method. Individuals frequently overlook crucial details, contradict themselves, or create ambiguous statements when drafting their wills by hand. Moreover, updating such wills later on can be challenging. While holographic wills can be legally valid and cost-effective, they should be considered as a last resort.

What are the steps for writing a will without a lawyer?

Ready to draft your will but unsure how to begin? Follow these steps to create your will without the need for a lawyer, quickly and efficiently!

1. Begin by identifying and cataloging your assets.

Before embarking on the process of making your will, it's advisable to conduct a thorough inventory of your belongings within your home. This preemptive step mitigates the stress of recalling your possessions on the spot, reducing the likelihood of overlooking crucial items.

When compiling your list, ensure precision in describing each asset. The description should be succinct yet comprehensive enough to facilitate easy identification. Here are some illustrative examples to assist you:

My white 1970s BMW
My pink iPhone 14
My summer home in Kungshamn
Any funds remaining in my account

It's essential to understand that a detailed list of assets isn't mandatory within your will. While an asset list aids in determining specific gifts you wish to bequeath, it also proves invaluable for your executor during estate administration. The sole instance necessitating the mention of a particular asset in your will is if you intend to bestow it upon someone as a specific gift.

2. Choose beneficiaries

Once you've compiled your list of assets, the next step is to designate beneficiaries who will inherit them. Regardless of how you've opted to create your will, this is a pivotal aspect of the process. Beneficiaries identified in your will are the individuals or organizations you select to receive your property and possessions upon your demise. It's important to note that a beneficiary isn't obligated to accept a gift in your will; they retain the right to disclaim it.

Here are the reasons why you would name beneficiaries in your will:

Leaving specific gifts:Specific gifts refer to identifiable pieces of property or specified amounts of money bestowed upon individuals or organizations upon your passing. These gifts can encompass a wide array of items, including real estate, vehicles, jewelry, recipe books, and even cryptocurrency. It's important to note that specific gifts are distinct from your residual estate and are designated to particular recipients according to your wishes.
Leaving charitable donations: Also known as legacy gifts, these can be made in two ways: by leaving a specific piece of property or cash amount, or by bequeathing a percentage of your residual estate.
Splitting up your residual estate: After settling any outstanding debts and fulfilling specific gifts and charitable donations, the remainder of your estate is distributed. This portion often constitutes the most significant financial component of your estate. Therefore, it's crucial to deliberate carefully on the beneficiary or beneficiaries you wish to receive a percentage of your residual estate.

3. Choose a guardian for your child (and pets!)

Another crucial aspect of your will is appointing guardians for any minor children and/or pets. While contemplating someone else raising your child can be daunting, selecting a guardian to care for them in the event of your and the other parent's absence will safeguard their future. It's imperative to have a discussion with the desired guardian to ensure they are willing and capable of assuming the responsibility. It's important to note that their appointment is not effective without their consent.

As a best practice, you should articulate the process, the duties involved, your expectations, preferred upbringing for your child, and any other pertinent details to the chosen guardian.

If you have a furry family member, it's equally essential to designate a pet guardian. Many pets end up in shelters due to their owners passing away without a plan for their care. Similar to selecting a guardian for a child, it's crucial to communicate with the desired pet guardian to confirm their willingness to assume responsibility for your pet if the need arises.

4. Choose an executor

Now that you've named beneficiaries, allocated specific gifts, divided your residual estate, and designated guardians, the next crucial step is to appoint an executor. Your executor plays a pivotal role in ensuring that your wishes outlined in your will are executed accordingly. They are tasked with distributing assets and funds to beneficiaries, settling debts, collecting owed funds, filing your final tax return, and managing your funeral and burial arrangements. Given the significant responsibilities involved, the executor is typically a trusted relative or close friend. Here are some helpful criteria to consider when selecting an executor:

Trustworthiness: Choose someone you trust implicitly to carry out your wishes faithfully and responsibly.
Organizational skills: An executor should be detail-oriented and capable of managing complex tasks and paperwork efficiently.
Availability: Select someone who has the time and availability to dedicate to the responsibilities of an executor, especially during potentially stressful times.
Willingness: Ensure that the individual you choose is willing to take on the responsibilities of an executor and understands the obligations involved.
Stability: Choose someone who is emotionally stable and capable of handling the potential stress associated with the role of executor.

By considering these criteria, you can select an executor who is well-equipped to fulfill their duties and honor your wishes according to your will.

5. Making your will official

Once you've drafted your will and ensured it accurately reflects your wishes, the final steps of signing and witnessing are essential to make it legally binding. Two witnesses are required to attest that the testator has indeed signed their own documents, and they must confirm this by signing the documents as well. This process must be carried out on a paper copy using ink.

After completing the signing and witnessing, it's crucial to store your will in a secure location, away from moisture and sunlight. Additionally, inform your executor of the storage location to prevent leaving them with a scavenger hunt when the time comes to execute your will.