A last will and testament is a document used to indicate a person's monetary, property, and familial intentions after death. In a last will and testament, a person can provide instructions for the distribution of his or her assets to surviving beneficiaries. When prepared according to the laws of the country in which the creator lives, a will is a legal and binding document. A person who has created a will is called a testator.

In addition to indicating the testator's wishes for the distribution of his or her assets after death, a will can be used to appoint a legal guardian for the testator's minor children. It is often wise to name an alternate guardian in case the chosen legal guardian cannot or will not accept responsibility for the care of the children. Without this provision, a court will decide who will care for the testator's children in the event that the other parent is unavailable or unfit.

Any person over 18 years of age may create a last will and testament. A person may choose to obtain the services of an attorney in creating a legal will. However, an attorney is not legally required and many individuals choose to create their own wills without legal help or advice.

In order for a will to be legal, it must meet the applicable legal requirements. The testator must identify himself as the maker of the will and indicate that the document being created is a last will and testament. Including the words "last will and testament" on the document, along with the testator's full name, usually fulfills this requirement.

The testator must also include a statement revoking any previously made wills. If the testator neglects to include this statement, previously prepared wills may be considered legal, unless they are completely inconsistent with the new document. The testator must also state that the new will revokes any previous codicils or additions made to previous wills.

The testator must also indicate that he or she has the mental capacity to create the will. This is usually accomplished by including a statement intended to demonstrate that the testator is of sound legal mind. Typically, this statement is placed near the beginning of the will.

Additionally, the testator must sign and date the last will and testament in the presence of two witnesses. The witnesses must not be beneficiaries of the will. The testator's signature should be placed at the very end of the document. Any text that follows the testator's signature is not considered a part of a legal will. In some cases, the very presence of text after the signature may serve to invalidate the entire document.

In some jurisdictions, there may be additional requirements for the creation of a last will and testament. It is wise to learn the requirements for will preparation before creating one. These requirements can often be found at your local courthouse, online, or at a public library. Additionally, there are many kits and books that are useful in learning the specific legal requirements for creating a last will and testament in your area.