Simple Will

A simple will provides for the outright distribution of assets for an uncomplicated estate. You can write a simple will yourself, by filling out an easy form that you can buy from a stationery store, find in a book about will preparation, or find on-line from a reputable legal document website.

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Why should you have an attorney review your will?

Although these forms are widely available and easy to use, doing a will without the guidance of an attorney can be risky. You need to be aware of state laws that may affect the distribution of your assets, even if you do not have a complex estate. Only an attorney well versed in estate law can advise you on the best type of will to use, and what to include.

If you do choose to write a simple will without the advice of an attorney, be sure you have it properly witnessed by at least two adults who are not beneficiaries and not closely related to you. They must see you sign the will and then they should sign immediately.

What does a sample will look like?

Below is a sample form that illustrates what a simple will usually contains. This form is merely an example, and not for your use.

Will of [Full Name of Person Making the will]

I, [Full Name of Person Making the Will], a resident of [City, State], hereby make this will and revoke all prior wills and codicils.

1. Personal Information:

a. I was born on [Date of Birth] in [Place of Birth]

b. I am married to [Name of Spouse], who I will refer to as “my spouse”. We were married on [Date of Marriage] in [Place of Marriage].

IF SEPARATED ADD: We have been separated since [Date or Year of Separation, and if by court order or agreement, add pursuant to order of the _____ Court on date].

IF NEVER MARRIED: I am not married and I have never been married.

OR, IF PREVIOUSLY MARRIED: I am not currently married but I was previously married to [Name of Last Spouse in YEAR OF MARRIAGE ] and the marriage ended by [STATE WHICH Death, Divorce, or Annulment] in [Year].

c. I have ____ [Number or the Word “No” if None] living children. IF YOU DO HAVE LIVING CHILDREN: LIST NAMES AND BIRTH DATES OF ALL CHILDREN, NATURAL OR ADOPTED. IF ANY OF YOUR CHILDREN HAVE DIED AND THEY LEFT A CHILD GIVE THE NAME OF DECEASED CHILD AND THE AND NAME OF EACH OF HIS OR HER LIVING CHILDREN

d. In the event I am the sole surviving parent of minor children, then I appoint _________________ to serve as their guardian. If he or she is unable or unwilling to serve, I appoint ____________________ as alternate guardian.

2. Benficiaries: I give my property to the following persons:

All to my spouse.

or

One-half (or other percentage) to my spouse and the balance to ____________.

or

One-third (or other percentage) to my spouse and the balance to my children, equally and their issue, per stirpes.

or

All to my children, equally, and their issue, per stirpes.

or

TO NAME BENEFICARY(IES) AND PERCENTAGES:

If any beneficiary under this will does not survive me by 30 days, then I shall be deemed to have survived such person.

3. PERSONAL REPRESENTATIVE OR EXECUTOR: I appoint ________________ as Executor of my will, and if s/he is unable or unwilling to serve, then I name _________________ as alternate Executor. My Executor and alternate shall have all powers granted by applicable laws of my state to carry out all provisions of this will, may use provisions and procedures for the simplified handling of estates, may hold in trust the share of any minor beneficiary until s/he reaches age 18, and shall not be required to post a bond.

I, _________________ [Your Printed Name], hereby sign this will at _______ [City and State] on this ______ day of ______________, 200_

_________________ [signature ]

_________________ [Your Typed Name]

WITNESSES

GET THREE PEOPLE, WHO ARE ALL THERE AT THE SAME TIME TO SEE YOU SIGN THE WILL, TO IMMEDIATELY SIGN THIS ATTESTATION. A WILL THAT IS NOT PROPERLY WITNESSED IS NOT VALID!

Each of us hereby states, under penalties of perjury, that on this _____ day of __________, 200_, at _______________________________________[Name of City, State] we observed ________________________ [Full Name of Person Making the Will] who we know or who otherwise proved his/her identity to us, declare the above document to be his/her will. S/he then asked us to serve as his/her witnesses and then signed the document in our presence. S/he appeared to be an adult, of sound mind and memory, and acting of his/her own free will, and not under any force or duress. We are now, immediately after s/he signed the will, signing our names in his/her presence.

_________________ [Signature of Witness #1]

_________________ [Printed name of Witness #1]

_________________ [Redirect URL of Witness #1]

_________________ [Signature of Witness #2]

_________________ [Printed name of Witness #2]

_________________ [Redirect URL of Witness #2]

_________________ [Signature of Witness #3]

_________________ [Printed name of Witness #3]

_________________ [Redirect URL of Witness #3]

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Case Studies: Exploring Estate Planning

Case Study 1: John’s Estate Planning Journey

John, a middle-aged individual, recognized the importance of creating an estate plan to protect his assets and ensure their smooth distribution. He consulted with an estate planning attorney to discuss his goals and concerns. The attorney recommended a simple will as a suitable option for John’s uncomplicated estate.

John decided to proceed with a simple will and worked closely with the attorney to draft the document. During the process, the attorney provided valuable insights into state laws that could impact the distribution of his assets. They also discussed the importance of properly designating beneficiaries and appointing an executor to administer the estate.

John’s simple will included provisions that allocated his assets to his spouse and, in the event of their simultaneous passing, to his children equally. The attorney ensured that the will was witnessed by two unrelated adults as required by law. This comprehensive approach provided John with peace of mind, knowing that his wishes would be carried out effectively.

Case Study 2: Sarah’s Self-Written Simple Will

Sarah, a single individual with no children, decided to write her own simple will without consulting an attorney. She obtained a form from a reputable legal document website and carefully filled it out. Sarah listed her siblings as the beneficiaries of her estate and appointed a close friend as the executor.

However, Sarah was unaware of certain legal nuances that could affect the validity and effectiveness of her self-written will. She failed to consider state-specific laws that might impact the distribution of assets and overlooked the importance of having independent witnesses.

Unfortunately, after Sarah’s passing, her self-written will faced challenges during the probate process. The court identified technical errors and ambiguities in the document, which led to disputes among her siblings. The lack of professional guidance and oversight resulted in a lengthy and costly legal battle, causing significant emotional strain on the family.

Case Study 3: Robert’s Blended Family Will

Robert, a recently remarried individual with children from a previous marriage, sought legal assistance to create a simple will that considered the needs of his blended family. He engaged an experienced estate planning attorney to navigate the complexities and ensure a fair distribution of his assets.

Working closely with the attorney, Robert identified his priorities and expressed his desire to provide for his current spouse while ensuring that his children from both marriages received their fair share. The attorney recommended a balanced approach, suggesting provisions that allocated a portion of the estate to his spouse and the remainder to be divided equally among his children.

Additionally, Robert appointed a trusted family friend as the executor and named alternate guardians for his minor children, prioritizing their well-being and stability. The attorney ensured that the will complied with all legal requirements and was properly executed and witnessed.