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Key Facts
- ULC enactment context: The Uniform Law Commission explains that no uniform law it proposes is effective until a state legislature adopts it.
- California example: California generally requires a written, signed will and two witnesses present at the same time, subject to statutory exceptions.
- Texas example: Texas generally requires two qualifying witnesses for an attested will but does not require witnesses for a will wholly in the testator’s handwriting.
- California example: The California Statutory Will identifies itself as a will, includes property gifts and an executor nomination, and provides form-specific signing instructions.
Learning how to write a will begins with a jurisdiction question. The Uniform Law Commission can only propose uniform laws; a proposal becomes effective in a state only when its legislature adopts it. A useful starting point is the site’s overview of wills.
Start by identifying the people, property, and roles
A will states how property controlled by the will should be distributed at death. A draft commonly identifies the person making the will, the people or organizations receiving gifts, the property or shares being given, and the person nominated to administer the estate. The exact terminology and permitted provisions depend on state law.
Before drafting, it is useful to distinguish property controlled by a will from property that may pass under another arrangement. The will’s language should also account for what happens if a named beneficiary dies before the person making the will. Those are drafting questions rather than universal legal outcomes.
Use clear dispositive language
A will should make clear that it is intended to operate as a will and should describe gifts and recipients without avoidable ambiguity. Identifying people by full name and relationship can reduce confusion. A residuary clause addresses property controlled by the will that is not disposed of by an earlier specific gift.
A simple will template can illustrate organization, but a form is not automatically valid or suitable in every state. California Courts, for example, publishes a statutory will with instructions to read the entire form, fill only its blanks, and avoid adding or crossing out words.
Execution rules are not interchangeable
California Probate Code section 6110 generally requires a will to be in writing and signed as the statute permits. Two witnesses generally must be present at the same time and understand that the instrument is the testator’s will. The section also contains a harmless-error provision requiring clear and convincing evidence of testamentary intent when the witness requirements were not met.
Texas uses a different formulation. Estates Code section 251.051 generally requires a written and signed will attested by two credible witnesses who are at least 14 and sign in the testator’s presence.
These examples show why witness instructions from one state should not be treated as a national checklist.
Handwritten wills have their own state rules
California section 6111 recognizes a holographic will without witnesses when the signature and material provisions are in the testator’s handwriting. The statute also addresses uncertainty caused when a holographic will has no execution date.
Texas section 251.052 provides that a will wholly in the testator’s handwriting does not require attesting witnesses.
