Wills in Washington: Questions, Answers and Options

WILLS IN WASHINGTONQUESTIONS, ANSWERS, AND OPTIONS

WHAT IS A WILL?1

A will, sometimes called a last will and testament, is a legal document.

Washington law allows you to make specific choices through your

will that you cannot make in any other way

WHAT CAN YOU DO WITH YOUR WILL?2

There are several key choices you get to make when making a last will and testament

Here are some of the most important:

Leave inheritances when you die

Choose someone to become a guardian of your young children

Direct the creation of a trust to hold property until your children are old enough

Nominate someone who will manage your property after you die until it can be transferred to new owners

WHAT IS AN ATTESTED WILL?3

The state of Washington allows people to create different types of wills, but an attested will is the most common

and least problematic

Legal Requirements

In writingYou must make an attested will in writing. It must be printed as a document.

SignedIf you make a will you have to sign the document personally. If you are physically unable you can direct someone else to sign it for you.

WitnessesAttested wills must also be signed by two competent adult witnesses. The two witnesses should see you sign the document and then sign it in your presence.

ARE THERE OTHER TYPES OF WILLS?4

Washington also allows for

oral wills, but not handwritten wills

Oral Wills (called nuncupative wills)

You can create an

oral will simply by voicing your choices in the

presence of witnesses

You can only make an oral will to dispose of personal property worth no

more than $1,000

However, if you are member of the Armed Forces you can also use an oral will to dispose of your wages or personal property.

WHO CAN MAKE A WILL?5

The ability to make a last will and testament is known as

“capacity”

In order to have capacity in Washington you must meet specific requirements

ADULT Only someone age 18 or older can make a will

SOUND MIND You can only make a will if you have the mental capacity to make choices and understand their effects. Most people have legal capacity, but if a court has determined that you are incompetent or you are suffering from a medical condition that makes you unable to make knowing choices, you do not have capacity.

WHAT IS A TESTATOR?6

Anyone who makes a last will and testament is referred to as a testator

Sometimes the word “testatrix” is used when a woman makes a will, but “testator” is often used

to refer to either men or women

To be a testator you must have capacity

WILL CLAUSES7Wills can include any number of clauses

While state law imposes specific requirements, there are a range of optional

clauses that, though not necessary to create a legally valid will, are very important

Choosing a Representative

After you die, someone will have to manage your affairs and take care of your property until it can be

distributed to new owners

This person is known as anexecutor or personal representative

You can choose whom this person is by nominating that person, as well as alternates, in your will

If you die someone will have to care for your young children

Guardian

This person is known as a guardian,

and you can select whom you want this to be in your

will

Testamentary Trust

Your young children will not be able to legally own any property you leave to them

until they are adults

You can use your will to create a trust that will manage that property until your

children are old enough

You can also select a trustee who will manage the property on behalf of the children

Pour-over

If you create a will to complement a living trust, you can create a clause that says all of the property you leave behind will be transferred to the living trust to distribute

NOT HAVING A WILL8The main reason people should create a will is because you have legal choices that you can only make through your will

Washington Chooses

If you fail to create a will the state of Washington has adopted

laws that effectively make your choices for you

Only by creating a will can you ensure that your choices are honored

Family Conflict

A will allows you the chance to not only help your family by giving them property, but it also gives you a chance to make sure that they know

what you want after you die

If you don’t leave a will and specifically address the important choices you can make, your family may end up fighting because they cannot agree about what you would have wanted

DO I HAVE TO REGISTER MY WILL?9

NOEven though the state of Washington has a will repository, you do not need to use it in order to create an effective last will and testament

Someone will have to submit your will to a Washington probate court after you die, but you do not need to register your will with any government office before then

CAN I CHANGE MY WILL LATER?10

ABSOLUTELYA will is simply an expression of your choices

If you create a will and later change your mind, all you have to do is update the will

to reflect your new wishes

Revocation

If you want to completely get rid of your will

you can revoke it

You can revoke your will by either physically destroying it or making a new will that specifically states the old document is no longer valid

New Will

You can choose to create a new will at any time as long as you remain of sound mind

You can change any or all of your prior choices when you create a new will

Codicil

Codicils are will amendments that you can use to change mistakes or terms in the previous will

Codicils have to meet the same legal requirements as your will, and are typically used to make minor changes

ACT NOW11

Far too many people delay making a will because they believe there will be time to do it later

This procrastination can cause significant problems for your family

It’s always better to act now even if you don’t believe you have a lot of property to give away

A GOOD PLACE TO START12

While creating a will is an excellent

choice, it is not enough

A good estate plan contains many key elements that address specific legal issues not covered under your last will and testament

Medical Wishes

A living will is a document in which you state the kind of medical choices you would want to

receive if you are disabled

Living wills and wills are not the same thing

You can also create a durable power of attorney in which you name someone to represent your medical

wishes if you are incapacitated

Financial Management

Someone will also have to manage your financial affairs when you’re incapacitated, and because a will only applies after you die, you cannot

use your will to appoint someone to this position

You can, however, create a

financial power of attorney to do this

Other Elements

Planning on long-term care, creating trusts that minimize estate tax burdens, and other issues that you’ll need to consider with tools other than a will

LEARN MORE ABOUT WILLS IN WASHINGTON

WWW.BYRDGARRETT.COM

WILLS IN WASHINGTON

@BYRDGARRETTLAWWWW.BYRDGARRETT.COM