Planning for the future isn’t just about savings and investments it’s about making sure your wishes are honored when you’re no longer around. A will is one of the most essential legal documents an individual can have. Yet, millions of people in the U.S. and Europe still don’t have one in place.
At Alfie & Associates Legal, we guide clients through the process of creating valid, enforceable wills that protect their estates and provide clarity for their loved ones. In this blog post, we’ll explain:
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Why having a will is vital,
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What to include in your will,
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How the laws differ in the U.S., UK, and EU,
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Common mistakes to avoid, and
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How we can help you secure your legacy.
1. Why You Need a Will — No Matter Your Age or Wealth
Many people believe that wills are only for the elderly or the wealthy. That’s a misconception. Here are a few reasons why everyone should have a will:
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Protect your assets and ensure they go to the right beneficiaries.
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Appoint a guardian for your minor children.
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Avoid unnecessary legal complications for your family.
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Prevent disputes among relatives.
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Support causes or charities you care about.
Dying without a will—called intestacy—means the government decides how your estate is distributed. That often leads to unintended consequences.
2. What Should Be Included in a Legally Valid Will
Regardless of jurisdiction, your will should cover the following essentials:
a. Personal Information
Your full legal name, date of birth, and address. If you’re known by other names (e.g., maiden name or aliases), include them too.
b. Executor Appointment
This is the person who will carry out your instructions and manage the estate process. Choose someone you trust, and name an alternate in case your first choice is unavailable.
c. Guardianship for Minor Children
If you have children under 18, you can appoint guardians who will assume parental responsibilities.
d. Asset Distribution
List your assets—real estate, bank accounts, investments, personal items, digital assets—and indicate who should receive each.
e. Debts and Liabilities
Clarify how you want debts, loans, or taxes to be paid.
f. Funeral and Burial Wishes
While not required, some people use wills to specify preferences for burial, cremation, or religious rites.
g. Signature and Witnesses
To make the will valid, you must sign it in the presence of at least two adult witnesses (three in some jurisdictions), who also sign it.
3. Will Laws in the United States
Each U.S. state has its own laws regarding wills, but they generally follow similar principles.
a. Legal Requirements
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Must be made by an adult (18+) of sound mind.
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Must be written (typed or handwritten).
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Signed by the testator and witnesses.
b. Holographic Wills
Some states (e.g., California, Texas) accept handwritten wills with no witnesses, but this often causes legal complications.
c. Notarization
Not required in all states, but self-proving wills (signed in front of a notary) are harder to contest and simplify probate.
d. Digital or Electronic Wills
A few states (like Nevada, Florida, and Arizona) allow wills to be made and stored electronically.
4. Will Laws in the United Kingdom and Europe
United Kingdom (England & Wales)
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Must be in writing.
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Must be signed by the testator and two witnesses.
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Witnesses cannot be beneficiaries or spouses of beneficiaries.
Scotland
Slightly different rules apply: only one witness is required, and handwritten wills are more readily accepted.
European Union
The EU Succession Regulation (Brussels IV) allows a person to choose the law of their nationality to govern their estate, even if they live elsewhere in the EU (excluding Denmark and Ireland).
Examples:
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Germany: Wills must be handwritten or notarized.
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France: You can’t completely disinherit close family members due to the “reserved portion” law.
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Spain & Italy: Civil law countries with strict inheritance rules protecting children and spouses.
5. Common Mistakes That Can Invalidate a Will
Even small oversights can make your will legally unenforceable. Watch out for these common issues:
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Lack of proper witnesses
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Outdated information (e.g., ex-spouses, deceased beneficiaries)
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Unclear or contradictory language
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Failing to revoke old wills after drafting a new one
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Improper storage or loss of the original document
6. Updating Your Will
Your will should evolve with your life. Major events that warrant updates include:
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Marriage or divorce
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Birth or adoption of children
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Acquisition or sale of major assets
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Death of a beneficiary or executor
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Change in laws or residence
We recommend reviewing your will every 2–3 years or after any major life change.
7. Living Wills and Advance Directives
A living will is different from a regular will. It addresses medical treatment preferences if you become incapacitated and cannot communicate your wishes.
In the U.S., this may include:
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Do Not Resuscitate (DNR) orders
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Preferences for life support
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Organ donation
In Europe, many countries recognize advance directives, though formats and enforceability vary.
8. The Role of a Lawyer in Drafting Your Will
DIY wills and online templates can seem convenient—but they carry risks, especially if your estate is complex or spans jurisdictions.
An attorney can:
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Ensure compliance with local and international laws
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Reduce the risk of disputes
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Minimize taxes and fees
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Help with trusts, guardianship issues, and business succession
At Alfie & Associates Legal, we create comprehensive, customized estate plans that reflect your personal goals and comply with the legal systems in both the U.S. and Europe.
Conclusion: Your Will Is Your Voice After You’re Gone
A will is more than just a legal formality—it’s a powerful tool for protecting your family, preserving your wishes, and avoiding unnecessary conflict. Whether you’re a U.S. citizen with assets abroad or an expatriate living in the EU, you deserve peace of mind that your affairs are in order.
Need help drafting or updating your will?
Contact Alfie & Associates Legal today for a confidential estate planning consultation with one of our attorneys. Our cross-border legal expertise ensures your legacy is secure—no matter where life takes you.
