BY Admin
December 21, 2019

Last Will and Testament - How to Create One

A Last Will and Testament is a legal document that sets out how your assets, responsibilities, and personal wishes should be handled after your death. It allows you to decide who inherits, who manages your estate, and how important matters—both physical and digital—are dealt with.

Without a valid Will, state law determines what happens next.

What a Proper Will Should Include

A well-prepared Will should clearly cover:

Your full legal details (the testator)

Appointment of an executor

Clear instructions for asset distribution

Appointment of guardian for your minor children

Identification of all beneficiaries

Any specific gifts or instructions

Optional funeral or final wishes

Instructions for digital assets and digital access


Many estate planning documents fail due to improper execution, incomplete information, unclear language, or technical errors, leading to invalidation, probate delays, or legal disputes.

Choosing and Speaking With Your Executor

An executor of a will is the person you officially name to carry out your wishes after you die. Your executor plays a central role. They are responsible for:

Collecting and managing estate assets

Paying debts and taxes

Distributing inheritances

Carrying out your instructions exactly as written


Before finalising your Will, you should discuss your wishes with your executor to ensure they understand their responsibilities and are willing to act. Clear communication reduces confusion and conflict later.

Set up your estate plan today Create your Will, Power of Attorney or Advance Directive online, attorney approved templates. Let's get started


Why Leaving Information About Digital Assets Is Critical

Today, a significant part of many people’s wealth and daily life exists online. Online businesses, payment platforms, cloud storage, social media accounts, and digital subscriptions do not appear in traditional records—and they do not automatically pass to family members.

DID YOU KNOW?
Executors have no automatic way of discovering online accounts or digital businesses. Undocumented digital assets can remain untouched for years — or be lost entirely.

In practice, this means:

When someone dies, executors can only deal with assets they know exist. Probate gives legal authority, but it does not reveal hidden or unknown accounts. If no one knows about an online business, payment account, or digital asset, it may never be claimed.

In practice, this means:

Online businesses can stop overnight

Funds can remain locked in platforms indefinitely

Accounts may be closed after long periods of inactivity

Valuable income streams can disappear without anyone realising


This happens not because of wrongdoing, but because digital assets are invisible unless documented.

Leaving clear information about your digital assets—what exists, where it exists, and who should deal with it—can make the difference between assets being recovered or lost forever. You do not need to leave passwords publicly or compromise security. What matters is leaving awareness and instructions.

For executors and families, this removes guesswork, delays, and unnecessary stress at an already difficult time.

AWARD WINNING TOOLS
At ByTheWillow, we created Executor Vault, to help you record and organise your digital assets for the people who will need to deal with them.

Digital Assets and Digital Executor

Modern estates are no longer just physical.

Your Will can—and should—address digital assets, such as:

Online accounts and subscriptions

Digital photos, documents, and files

Email and cloud storage

Online businesses or financial platforms


Many people choose to appoint a Digital Executor to manage these digital assets according to their wishes.

Clear instructions are critical. As explained above, executors can only deal with assets they know exist. Without guidance, digital accounts and online businesses may never be discovered or claimed.

This is where secure organisation matters. Keeping key digital information and supporting documents stored in one protected place helps ensure your executor knows what exists, where it is, and how it should be handled—without unnecessary delays or guesswork.

By addressing digital assets properly, you reduce confusion, protect valuable or sentimental information, and make your executor’s role significantly easier.

SECURE, ENCRIPTED AND PRIVATE FILE STORAGE
ByTheWillow offers Executor Vault, a secure document storage service where you can keep key digital information and supporting documents in one protected place—making it easier for your executor to know what exists, where it’s stored, and how it should be handled.

Recording Digital Assets for Executors

At ByTheWillow, we created Executor Vault to help you record and organise your digital assets for the people who will need to deal with them.

With a simple entry, you can record where your digital assets are held—such as online businesses, platforms, or services—so your executor knows what exists and where to look.

For security and legal reasons, you should not store usernames or passwords. Executors are not meant to log in to accounts directly, and doing so could violate platform rules or the law. Instead, Executor Vault is designed to record the name of the platform or service, along with any relevant notes or instructions.

This ensures your executor is aware of your digital assets and can approach the correct platforms properly, with legal authority, when the time comes.

Reviewing and Updating Your Will

Life changes—and your Will should change with it.

You should review your Will:

Every 2–3 years

After major life events (marriage, divorce, children, property changes)


Even small updates can significantly affect how your wishes are carried out. Out-of-date Wills are one of the most common causes of disputes and unintended outcomes.

WHY THIS MATTERS
An Unlimited Revisions option lets you keep your Will current at all times—without worrying about extra costs or starting over whenever life changes.

Do I Need a Lawyer to Create a Will?

In most cases, no.

A lawyer is not legally required to create a valid Will. What matters is that:

The Will follows state law

It is clearly written

It is properly signed and witnessed


Create your estate plan from home. Many people successfully create legally valid Wills using guided self-help tools—especially for straightforward estates. Start online today


Specialist Review

For added reassurance, you can choose to have your completed Will reviewed by one of our specialist before signing.

This optional service:

Checks for clarity and consistency

Helps identify common mistakes

Ensures the document reflects your intentions accurately


Many estate planning documents fail due to improper execution, incomplete information, unclear language, or technical errors, leading to invalidation, probate delays, or legal disputes.

DID YOU KNOW?
Less than 4 in 10 U.S. adults currently have a valid will, leaving most people unprotected.

Signing Requirements and Legal Validity

To be legally valid, a Will must be signed in accordance with state-specific rules. In most states, this means:

The Will must be signed by two disinterested witnesses - adults, mentally competent, and not beneficiaries

A notary public is not required in most states - Louisiana is a key exception


Failure to meet signing requirements can invalidate the Will entirely—regardless of how well it is written.

Where and How to Store Your Will

Only the original, signed paper Will is legally valid.

Important storage guidelines:

Store it in a safe but accessible location

Tell your executor where it is kept

Provide copies to trusted individuals (for reference only)

Avoid hiding it in places that are difficult to access

Consider registering the Will if your state allows it


Digital files, scans, or unsigned copies cannot replace the original.

How ByTheWillow Helps

ByTheWillow makes creating a Will simple, accessible, and stress-free.

We offer:

A free Will generator

Guided, step-by-step document creation

Executor Vault for digital asset planning

Secure file storage

Support and help throughout the process


Our tools are designed to help you create documents confidently, clearly, and on your own terms—without unnecessary complexity or pressure.

Final Thought

A Will isn’t just a document—it’s a plan.

By taking the time to create, review, and keep your Will up to date, you protect your wishes, your loved ones, and everything you’ve built—both physical and digital.

Accepted in all 50 states Enjoy peace of mind with attorney approved templates and accepted in all 50 states Start online now

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