Everyone should consider making a Will. Having a Will means that you, rather than state law, get to decide who receives your property when you die.

Because a Will provides directions for what happens after you die, everyone should consider making a Will. Wills can distribute your property to your loved ones, name a Personal Representative to wrap up your affairs, name guardians for children, forgive debts, and more. Having a Will also means that you, rather than state law, get to decide who receives your property when you die.

When you die without a Will or other estate plan, state laws known as "laws of intestate succession" decide which family members will inherit your estate and in what proportion. In most states, the laws specify that your spouse and children take priority.

Most people want to distribute their property differently than the state would distribute it. For example, many people want to leave gifts to friends, neighbors, non-spouse partners, and charitable organizations—and intestate succession does not allow for any of that. If you want other people or organizations to inherit your property, or if you want to decide the proportions of your gifts, a Will can make sure your wishes are followed.

A WILL DOES MORE THAN DISTRIBUTE PROPERTY. Central to most Wills is the distribution of a Will maker’s property. But a Will can do much more than that. For example, you can use your Will to:

* name a Personal Representative (formerly called an "Executor") to wrap up your estate

* name guardians for your children

* create a Trust for your children or other young beneficiaries

* forgive debts

You can use other estate planning tools to distribute your property (like Revocable Living Trusts, beneficiary designations, joint tenancy, and Transfer on Death Deeds), but only your Will can name a guardian for your children. In fact, even if you make a Revocable Living Trust to distribute every single piece of your property to your beneficiaries, you should still have a will to name a guardian for your children. (You'd also want to include a catch-all “pour over” clause that names your Trustee as beneficiary in the event that you end up owning property outside of the trust.)

A WILL CAN REDUCE FAMILY CONFLICT. A Will that clearly lays out your wishes can reduce conflict and speculation over what you “would have” wanted. The division of an estate after death comes with many emotions. As we've told clients many times before, "Death and money can bring out the worst in people." The slightest differences can result in hurt feelings and recriminations. And as blended families more common, dividing assets has become even more complicated. A Will that clearly lays out your wishes can reduce conflict and speculation over what you “would have” wanted. For example, if you're in a second marriage and have children from your first marriage, you may want to use a Will to clearly distribute your property between your second spouse and your children. Without a Will or other plan, your property would be divided between them according to the laws of intestate succession—this could produce an uncomfortable result as well as speculation about what you would have wanted. Making a plan can give you peace of mind and prevent your family from fighting over your possessions.

A WILL MUST MEET LEGAL REQUIREMENTS. When you make a Will, you have to adhere to legal requirements. Most Wills are written formal documents that must be signed by the Will maker (called the "testator") and two witnesses who won’t get anything from the Will. Some states allow Wills that are handwritten by the testator (holographic Wills), and these don’t require witnesses, but they do create more difficulty after death.

You also must have “testamentary capacity” when you make a Will. In most states, this means that you must be an adult who understands the nature of what you’re doing when you make a Will--that is, you understand that the Will you’re making determines who will get your property when you die--and that you understand the nature of your estate and can recognize the "natural objects of your bounty."

If you have questions about creating a Will or other estate planning documents, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.