How to Draft a Father's Rights Will to Make it Legal and Binding

Many people don't consider constructing a will until they are older, looking to retire, or when medical circumstances arise that makes them consider how much time they have left on this earth. But it's important when you're a father to make a will when you are fully capable, to avoid situations that may result in your ex-wife getting more than she was intended to out of your sudden death.

Although you may want certain things to go to certain people when you pass away, unless you have a legally binding will through the courts, your heartfelt designation of property will mean nothing if brought to question by an ex-wife or someone else of beneficial interest. But it is a common misconception that you must have an attorney construct this will for you-anyone can write and file a will, making it legal, without the help of a lawyer or attorney to "make it legal."

Typically, in order for a will to be handled and defined as "legal," the will must be created when you are of "sound mind," meaning you were thinking straight and situations didn't lead you to create the will out of distress. It must also state that it is the intended document to distribute your property and assets after your death. If types, your will must be signed by you and two other witnesses that attest that you were of "sound mind" as well. This way, there is no question by the courts that you meant for this will to be prepared and that you honestly want your assets dispersed in the way formatted in your will. If for some reason the will is thrown out through court, the courts will handle the property and assets as if there were no will to start.

If, down the road, you decide to make some changes (for example, if you want to change the beneficiary from your children to your new wife), you can make a codicil, or an amendment, to the existing will. But if there are numerous changes that need to be made, you might be better off starting all over again and making a new will, being sure to destroy the old one to avoid confusion that may occur with two legally-binding wills.