Will Formalities

The body of a will is where the testator directs the disposition of his or her estate. This article discusses the clauses before the body of the will and the clauses and signature lines after the body of the will that are necessary to comply with the customs and requirements--the formalities--for the making of a will.

Exordium Clause

It is customary, and in some states it is required, for a will to begin with a declaration that the instrument is the testator's will. Such a declaration is known as an exodium clause. One traditional exordium clause states as follows: "I, [testator's name], being of sound mind and memory, and not under restraint, do hereby make, publish, and declare this to be my Last Will and Testament."

To help make sure that the will is indeed regarded as the testator's last will, the exodium clause is usually followed with a clause expressly revoking all prior wills and codicils.

Testimonium Clause

It is customary, and in some states it is required, that after the body of the will is a closing declaration that the instrument has been signed by the testator with the intent to make it his or her will. One tradition testimonium clause states as follows: "In Witness Whereof, I have hereunto set my hand and seal to this my Last Will and Testament this ___ day of _________, 20___."

Testator's Signature

A will is executed (completed) by the signature of the testator and the signatures of any required witnesses. The customary place for the testator's signature line and signature is after the testimonium clause. Many states require the testator's signature to be at the end of the will's dispositive provisions ("subscribed"). The testator's signature is required in order to bond the testator with the will. That bonding authenticates the will. Usually the signature is the testator's full name in his or her own handwriting but, in most states, a signature is simply any mark intended by the testator to serve as his or her signature. An illiterate person, for example, may sign his or her will with an "X" or cross. Most states also permit another person to sign the testator's name in the testator's presence and at the testator's request. Some states require the person who signs for a testator to also sign his or her own name.

Attestation Clause

It is customary, and in some states it is required, to include, after the testator's signature, a clause indicating that the instrument was signed by witnesses with the intent to certify that the instrument was sign by the testator with the intent and capacity to make the instrument a will. Such a clause is known as an attestation clause. One traditional attestation clause states as follows: "The foregoing instrument was signed, sealed, published, and declared by [testator's name] as [his or her] Last Will and Testament in our presence, and at [his or her] request and in [his or her] presence we have hereunto subscribed our names as attesting witnesses, this ___ day of _________, 20__."

Witnesses Signatures

The customary place for the witnesses signature lines and signatures is after the attestation clause. The witnesses who intentionally sign a will to certify it are known as attesting witnesses.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.