Wills
Wills are documents that determine what happens
to a person's property (both
real and
personal property) after their death. In addition
to
designating beneficiaries of property, wills can also:
- Nominate a personal representative (also called the
"executor") to administer the estate
- Nominate a guardian
for minor children
- Establish a trust (called a "testamentary
trust")
Pros
- Traditional and time-tested.
- Clearest, strongest way to carry out testator’s intent.
Cons
- May be subject to costly will contests based on incapacity,
fraud, faulty execution, or undue influence.
- May
require costly probate process. (Probate is not always a
“con.” In some situations, the thoroughness and finality is
worth
the hassle.)
Requirements
- The testator must have the requisite capacity to make a
will. This is called "testamentary capacity."
In the movies this is usually depicted with the phrase, "I,
John
Doe, being of sound mind and body," but there are some specific
requirements for testamentary capacity. The testator must:
- Be at least eighteen years old
- Know the nature and extent of his assets
- Know
the "natural objects of his bounty." This colorful phrase
generally means that the testator must understand who his closest
relatives are, but the meaning can vary based on the testator's
circumstances.
- The testator must make his will free of undue influence.
- The will must be:
- In writing
- Dated
- Signed by
the testator and two witnesses.
It is best if these witnesses are both disinterested, meaning
that they are not direct or indirect beneficiaries of the will's
provisions.
- (Although valid in most states, "holographic"
wills, meaning those that are handwritten by the testator but not
properly witnessed, are not valid in Washington; however, Washington
courts will recognize a will that was validly made in another state.)
Did you know?
- A document that changes an existing will is called a “codicil.”
- Contrary to what you see on movies and TV, there is almost
never a dramatic "reading
ceremony" in the lawyer's office where all the family members learn the
contents of the will and what property they will get. In real life,
most people disclose the contents of their wills to their family well
before their death. Even when the will's provisions are kept
secret until death, what usually happens is the lawyer holding the will
simply files it with the County Clerk, and from that point on the will
is a matter of public record, for all to see. Burkhart and
Burkhart typically mails copies of filed wills to named beneficiaries,
as a courtesy.
Contact Burkhart and Burkhart
today to have your will carefully and thoroughly drafted or
revised.
Contact Us
Phone:
(509) 529-0630
Fax:
(509) 525-0630
Mail:
PO Box 946
Walla Walla, WA 99362
In Person:
6½ N. 2nd Avenue, Suite 200
Walla Walla, WA 99362
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