What does a will usually contain?

While a last will and testament can be as simple as a few sentences stating your intent, there are some traditional provisions that tend to make the probate process smoother and eliminate any ambiguity with regard to family members. Some typical provisions of a last will and testament include:

(1) The name of the testator (your name) and sound mind statement. The primary requirement that courts evaluate when determining if a will is valid is whether or not the testator was of sound mind. This generally means that you are able to understand that you are creating your will and deciding what will happen to your property. The simplest way to do this is to begin the will with a self testifying statement such as, “I, (state your name), a resident of (City and State), declare this to be my will.”

(2) The name of the testator’s spouse and date of marriage, if any, and the name of all of the testator’s children (and how foster and stepchildren are to be treated), if any. Be sure and use full legal names to avoid any ambiguity. You can also then mention that from that point forward you will refer to each as “wife” and “children.”

(3) The revocation of all prior wills and codicils. If you have ever written a prior will, then you must always state, “I revoke all prior wills and codicils.” Otherwise, if a prior will turns up, the court will honor it over your new will.

(4) The distribution of special gifts, if any, and instructions for the remainder of the estate after payment of just debts, taxes, and expenses incurred in administration of the estate.

(5) The nomination of the personal representative and alternates. Ideally, you should have two alternatives, one of which is typically either an attorney or bank. Also list all the powers that are to be given the personal representative, which are often defined as those provided under state statute.

(6) The designation of a guardian for minor children, alternate guardians if the original guardian is unable to serve, and a fiduciary guardian if different from the caregiver.

(7) A waiver of the surety bond requirement. This ensures that your executor does not have to pay for a bond in order to execute your will.

This list is not entirely complete, and the provisions you may or may not have in your own will depend upon your individual situation. If you have any questions about how to draft your last will and testament or need help with the drafting, contact an estate planning attorney for assistance.

Case Studies: Creating a Last Will and Testament

Case Study 1: John Thompson’s Sound Mind Statement

John Thompson, a resident of New York, wanted to ensure the validity of his will. He began his will with a self-testifying statement, declaring, “I, John Thompson, a resident of New York, declare this to be my will.” This statement served as evidence that John was of sound mind and fully aware of the decisions he was making regarding his estate.

Case Study 2: The Anderson Family’s Clear Instructions

In their will, David and Sarah Anderson wanted to avoid any confusion regarding their family and children. They included the full legal names of their three children and specified how foster and stepchildren should be treated. By providing these details, David and Sarah ensured that their children would be accurately identified and treated accordingly in the distribution of their estate.

Case Study 3: Megan Johnson’s Revocation of Prior Wills

Megan Johnson had previously created a will and wanted to revoke it to ensure that her new will would be the only one honored by the court. In her new will, Megan included a clear statement: “I hereby revoke all prior wills and codicils.” This provision protected Megan’s intentions and prevented any conflicts or uncertainties arising from her previous will.