‘Being of sound mind and body’ is a phrase we’re all familiar with. It’s the phrase most commonly used to begin a Will.

But that’s not the only important part of the Will. In fact, this phrase is part of what’s referred to as the Exordium Clause, the introductory portion of the Will that identifies the person leaving the Will (often referred to as the testator) and provides additional identifying information as well as a declaration that the document is indeed, a Will.

Since a Will is normally updated over a person’s lifetime and likely includes a variety of changes, there is a portion within the Exordium Clause that revokes any previous versions of the Will as well as any amendments, otherwise known as codicils. Thus, the Will is more formally called ‘The Last Will and Testament.”

The main body of the Will names the executor of your estate, who will be responsible for distributing assets according to your wishes, paying debts and handling estate-related expenses. Parents also use this area of the Will to name a guardian for any children under the age of 18. The body of the Will also details your wishes on the disposition of property and associated issues.

Following the body of the Will is a closing declaration called the Testimonium Clause, which is simply a declaration that the testator is signing this document with the intention of making it their Will. The signature then follows to execute, or complete, the Will.

The testator’s signature is normally followed by an Attestation Clause, which indicates that the witnesses’ signatures are next to certify that the Will was signed by the testator with the intent and capacity to make a Will.

While the sections and clauses of a Will are fairly straightforward, the laws governing Wills are not always so simple. Thus, it is not only important to have a valid, legal Will, but to have it updated as major life changes, such as marriage, divorce, children, or even relocation to another state, occur.

And for this, you need the assistance of a qualified estate planning attorney. For more information about drafting your Will, contact our office today.

The Law Offices of James A. Miller is a member of the American Academy of Estate Planning Attorneys.

Tags: wills

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