It is a fairly common occurrence to hear that an individual has attempted to write their own will. One common scenario is that someone will be traveling soon and wants to write down their wishes “just in case something happens”. They download a will form from the internet and then sign their names. Whether that will, or another form of self-prepared will such as a handwritten signed will, is valid is an important question. Whether or not such self-prepared wills, if valid, are good, is another important question. 

Estate Planning: Last Will and Testament Basics

What is a will?

What a will does not do.

What’s probate? Does a will avoid probate?

Should I try to avoid Probate?

How do I know if a will is valid?

Requirements For a Valid Will in Washington:

To be valid in Washington a will must be:

• In writing; 
• Signed by the testator; and  
• Witnessed and signed by two or more competent witnesses while in the presence of the testator and at the testator’s direction or request.

Additionally, every individual at the time of signing a will must have the requisite mental capacity to do so. This mental capacity is called “testamentary capacity”.  For an individual to have testamentary capacity they must:

• understand that they are executing a will disposing of their property; 
• understand generally the nature of their assets in their estate; and 
• know who the natural objects of their bounty are (e.g. who their family is).

One caveat to the analysis above relates to foreign wills, which are wills executed out of state by a person who lives out of state. In short, the validity of a foreign will depends on whether that will is valid in the state in which it was executed. 

Proper testimony from witnesses should be documented so that a valid will is admissible to probate:

What happens if a will cannot be admitted to probate?

Are electronic wills an option in Washington?

Should I prepare my own will?

A do-it-yourself will can be a trap for the unwary. Even if a will is executed properly, preprinted forms commonly do not address an individual’s specific circumstances and are generally not state-specific. Washington, for example, has what’s called non-intervention powers that a personal representative can be granted in the will, which simplifies the probate process. If you are considering whether you should prepare your own will or see an attorney to set up an estate plan, it is important to know the basics of what a typical estate plan includes:

• Planning for Minor Beneficiaries.

Planning for minor children is a common and important primary goal for parents. It is problematic for minor beneficiaries to inherit assets for several reasons and dealing with this issue after the fact can be complicated and expensive. When preparing an estate plan, there are several considerations when planning for how assets can be held and managed for minor beneficiaries. An estate planning attorney can advise on the best option based on the client’s goals and assets. 

• Coordinating Beneficiary Designations of Retirement Accounts and Life Insurance.

• Planning for Incapacity.

• Estate Tax Planning.

Final Thoughts

Executing your own will can be achieved if the elements for a valid will in Washington are met. If a will is signed by a testator and witnessed by two individuals, then the basic elements are met. A hurdle to admit a valid will exists if proper testimony from witnesses is not documented before the death of the testator. When deciding whether you should attempt to draft and execute your own will it is important to know what common issues generally require comprehensive planning. If you have questions about preparing a will, feel free to contact Navigate Law Group. We are here to assist you with your estate planning needs.