Please note this blog simply discusses will basics. For more in-depth will information or faith-based will planning please contact Jordan.
What is a will?
A will is simply a legal documents which dictates how you want your property owned at death to be distributed. It also may discuss the creation of testamentary trusts (trusts created at death) particularly in the instance of a pour-over will which will be discussed below more. It also might discuss how you would like debts to be paid, funeral expenses, taxes, and other details as well as who you would want to appoint as the Personal Representative (formally known as executor) of your will.
Does it have to use certain language to be effective?
No, you could write up whatever you wanted so long as you met the formalities (signed, in writing, witnessed, etc.), which will be discussed more in-depth below, for a valid will.
What is a pour-over will and how does it differ from a standard will?
A standard will is more detailed while a pour-over will simply states that you wish for all your property of your estate at the time of death to be put into a trust and distributed in accordance with the trust terms. This allows for greater privacy in your estate planning because the trust document, which states who you want to get what item is not public like a will, which is publicly filed.
What formalities in Washington state are required for wills to be valid?
- Writing, it must be in writing. It may be handwritten, typed, or any type of writing.
- It must be signed by the testator (person writing the will) or the presence of the testator at their direction. The law does not require it be signed in the witness’s presence.
- Attested by two or more competent witnesses. The witnesses must sign the same document. Must occur in the testator’s presence and at their request.
- A different but similar requirement is that in a probate proceeding a will, will need to be proven, this is typically done by an affidavit filled out by the witnesses. At the time of the signing of the will when the witnesses attest to the will they should also fill out affidavits that are notarized.