What is a formal will?

A formal will is a legal document that is typically prepared with a specific structure and usually involves the assistance of an attorney. This type of will is often typed or created using preprinted forms that comply with state laws regarding wills. One of the primary characteristics of a formal will is that it must meet certain legal requirements to be valid, such as being signed by the testator (the person making the will) and often being witnessed, depending on jurisdiction.

Using an attorney to prepare a formal will ensures that the document adheres to legal standards and accurately reflects the testator’s intentions while also minimizing the potential for challenges after the testator's death. This contrasts with other options, such as handwritten wills (often called holographic wills), which may not require attorney support and which can sometimes lead to disputes regarding their validity or interpretation. Additionally, a will is distinct from informal agreements, which do not carry the same legal weight and requirements as a formal will.