How to do it a free will? See the simple step-by-step guide!

Making a will is one of the most important ways to ensure that your assets and property are distributed according to your wishes after your death. Many people believe this process is complicated and expensive, involving lawyers and high fees. However, it is possible to make one. valid will free of charge, as long as some specific guidelines are followed.

Understanding the legal rules and requirements is essential to ensuring that your will is recognized and complied with. In this guide, we'll explain how to draft a free will and highlight the specific requirements it must meet to be legally valid, such as the testator's minimum age, the need for mental capacity, and permitted formats.

See how to make a free will yourself!

The good news is that making a will doesn't have to be complicated or expensive. Many people don't realize it, but it's perfectly possible to create a valid will for free, without the need to hire a lawyer or pay for specialized services. With a little guidance and attention to detail, you can ensure your wishes are respected after you're gone.

First of all, it's important to know that for a will to be considered valid, it must meet some basic legal requirements. However, by following these simple guidelines, anyone can write their own will, and that's what we'll teach you in our step-by-step guide!

1) Choose the type of will

Before you begin drafting your will, it's important to choose the type of will you'll use. There are several different types, but the most recommended for those who want to make a will simply and free of charge is a private will.

The most common types of wills are:

1. Public will: Made before a notary, it is registered with a notary public and requires payment of fees. This type of will is secure, but involves costs.
2. Closed will: Also done before a notary, but the contents remain confidential until the opening. This type also involves costs.
3. Private will: It can be handwritten or typed by the testator. It is the simplest type and can be done at no cost.

We recommend the private will Because it's the easiest to do yourself and doesn't require the intervention of a notary, it's free. However, to ensure its validity, it's crucial to correctly follow the guidelines we'll present below.

2) Write the will

The most important step in creating a will is drafting it. For it to be valid, it's crucial that it be written clearly and neatly, without any erasures.

The document must be manuscript by the testator himself. A handwritten will, also known as a holographic will, has the advantage of being more personal and authentic, which can help avoid future disputes. Furthermore, the handwritten will clearly demonstrates that the testator was directly involved in the creation of the document.

It is essential that the will be signed by the testator at the end of the document.

3) Include essential information

For a will to be considered valid, it must contain some essential information. Be sure to include:

• Full name: Include your full name without abbreviations.
• Identification: Add your identification document number, such as ID or CPF.
• Date of preparation: Include the date the will was written. This helps avoid any doubts about the document's validity.

4) Describe the assets and beneficiaries

In the body of your will, clearly describe your assets and who the beneficiaries will be. Be specific about what you're leaving and to whom, detailing each item precisely. This includes property, money, valuables, and any other assets you wish to distribute.

5) Declare validity

Include a statement stating that the document is your will and that it revokes all previous wills. This statement is important to ensure that this will be the only valid will after your death.

6) Sign the document

At the end of the will, you must sign the document. Your signature confirms that you acknowledge the contents of the will and agree to all its provisions. Failure to sign may invalidate the will.

7) Gather witnesses

To ensure the validity of a private will, at least three witnesses must sign the document. The witnesses must be of legal age and present at the same time to attest that you were of full mental capacity and conscious when making the will. The witnesses must also sign the document.

8) Keep the will

Once you've completed your will, keep it in a safe place. Inform someone you trust of its existence and location so they can find and execute it after your death. It may be a good idea to make a copy and keep it with your attorney or in a safe deposit box.

See the requirements for the validity of the will

For your will to be considered valid and enforceable, it must meet certain legal requirements. Below, we'll detail these requirements:

Requirements for the validity of the will:

• Own writing: The will must be written by the testator himself. This ensures that the document directly reflects the testator's wishes, without outside interference.
• Manuscript: For greater security and authenticity, the will should be handwritten. A handwritten will is more difficult to challenge because it clearly demonstrates that the testator was directly involved in creating the document.
• Date and signature: The will must include the date it was written and must be signed by the testator. The date helps establish the temporal validity of the document, while the signature confirms that the testator acknowledges the contents of the will.
• Minimum age of the testator: The testator must be at least 16 years old. Wills made by persons under 16 years of age are considered invalid.
• Mental capacity: The testator must have the mental capacity to understand what he or she is doing when drafting the will. This means he or she must be conscious and fully understand the consequences of his or her decisions.
• Witnesses:
  • At least three witnesses are required to validate the will.
  • Witnesses cannot be heirs or benefit from any provision of the will.
  • They must sign the document in the presence of the testator, confirming their sanity and intention.