What to Include in a Will and Testament: Your Catholic Legacy Guide

If you think writing a Will is a complex process best left to lawyers, the truth is, it doesn’t have to be. Today, accessible tools and platforms make creating a legally sound Will from the comfort of your home easier.

Our mission at Catholic Legacy is to simplify this process, guiding you through each step so you can confidently secure your family’s future and honor your Catholic faith.

So, what exactly goes into this vital document? Let’s walk through the key components you should include in your Will.

01 | The Foundational Basics: Your Identity and Intent

Before you can detail your wishes, your Will needs to establish who you are and what you’re doing. This section lays the legal groundwork for the entire document.

Your Full Legal Name and Address

Using your full legal name and current address clearly identifies you as the testator (the person making the Will) and ensures no confusion.

Statement of Legal Capacity

A Will is only valid if the testator is of sound mind and legal age. By including a declaration of legal capacity, you confirm that you are making this Will voluntarily and are fit to do so. In most U.S. states, the legal age is 18.

Executor Appointment

This is one of the most vital decisions you’ll make. Your executor is the person or institution you trust to manage your estate, pay any debts, and distribute your assets according to your wishes. This person steps into your shoes to handle all the practicalities, from closing bank accounts to ensuring beneficiaries receive their inheritances. Consider someone who is:

  • Trustworthy and Responsible: This is non-negotiable. They will have a lot of power and responsibility over your estate.
  • Organized and Diligent: The role involves a lot of paperwork and administrative tasks.
  • Willing to Serve: It’s a good idea to speak with your chosen executor beforehand to ensure they are comfortable with the role.
  • Physically Able: As a practical matter, choose someone likely capable of handling these duties.
  • Naming an Alternate: Always name one, if not multiple, alternate executors in case your primary choice is unable or unwilling to serve when the time comes.

02 | Bequests: Who Receives Your Gifts?

This is the heart of your Will, where you detail the distribution of your assets, or bequests. This is where you can be intentional about how your life’s work and possessions will continue to bless others. Bequests generally fall into two categories:

Specific Bequests

These are gifts of particular items or specific amounts of money. For example, you might say, “I give my antique grandfather clock to my niece, Sarah,” or “I give $5,000 to my parish, St. Jude’s.”

This lets you ensure special or sentimental items go to the right people.

General Bequests

These deal with the remainder of your estate after all specific bequests, debts, and taxes have been paid. It’s often expressed as a percentage to ensure fairness. For example, “I give 50% of my residual estate to my daughter, Emily, and 50% to my son, James.”

Using percentages is a smart approach because it adjusts automatically to the size of your estate, whether it grows or shrinks over time.

Charitable Gifts

As a person of faith, you might want to use your Will as a final act of charity. This section is where you can designate gifts to your Church, a school, a favorite non-profit, or other causes. This is a beautiful way to extend your Catholic legacy and continue supporting God’s work on Earth.

03 | Beneficiaries: Naming Your Heirs with Clarity

Your beneficiaries are the people or entities who will receive your assets. It’s crucial to be as clear as possible to avoid any confusion or legal disputes.

  • Full Legal Names: Always use full legal names for all beneficiaries. For example, instead of “my son, John,” write “my son, John Michael Smith.”
  • Contingent Beneficiaries: This is a vital but often overlooked part of a Will. A contingent beneficiary is an alternate person or entity who will inherit if your primary beneficiary passes away before you do. Without this provision, if a primary beneficiary is deceased, that portion of your estate could fall into the complex, time-consuming, and costly probate process. Naming a backup plan gives you peace of mind and protects your loved ones from unnecessary legal headaches.

04 | Guardianship Provisions: Protecting Your Children

This is arguably the most important section of the entire Will for parents. If you have minor children, your Will is the only legal document where you can formally name a legal guardian for them.

The Power of Your Choice

This guardian would be responsible for raising your children if both parents were to pass away. Without this provision, a court would make this deeply personal decision, and its choice might not be who you would have wanted or who aligns with your family’s Catholic faith and values. By naming a guardian in your Will, you ensure that your children will be raised by someone you trust to uphold your values and provide a loving, stable home.

Naming an Alternate Guardian

Just as with your executor, you should always name an alternate guardian. This backup plan ensures that your children are protected even if your first choice is unable to serve.

05 | Other Important Provisions

A comprehensive Will can, and should, include several other provisions that address various aspects of your life and legacy.

Pet Care Provisions

As a loving pet owner, you can use your Will to specify who will care for them and even set aside a portion of your estate to cover their food, vet bills, and other expenses. This ensures your pets are not left to chance and are cared for by someone you trust.

Funeral and Burial Wishes

Did you know 83% of Catholic parents have a child who’s left the Church? If that happens, your children may no longer know the importance of honoring your life with a Catholic funeral. By acting now, you can guide them, even in your absence. While funeral and burial instructions included in your Will are not legally binding in all states, documenting your preferences can offer immense clarity and comfort to your loved ones. According to a Funeral and Memorial Information Council survey, most American adults want to plan their funerals but few actually do. Including your wishes, such as receiving the Last Rites or having a Catholic Mass, helps ensure that your final moments reflect your faith, even if your children are no longer connected to it.

Digital Assets

In today’s digital world, our lives exist not only in physical form but online. This provision lets you provide instructions for handling your online accounts, social media, and digital photos. You can name a digital executor who manages or closes these accounts, ensuring your digital footprint is handled according to your wishes.

Your Final Step: Turning Your Wishes into a Legal Document

Creating a Will is an act of profound love. It’s a way to ensure that your family is protected, your values are upheld, and your legacy, particularly your Catholic legacy, continues to live on.

With tools like Catholic Legacy’s free platform, this essential task is now more accessible than ever, empowering you to secure your family’s future and find lasting peace of mind.