A last will and testament is a legal document comprising the directions of an individual (testator) concerning their assets in the event of death, created in the form prescribed by law.
Making a will is often a sensible option for anyone who wants to steer clear of disagreements and confusion. An elaborate and effectively written last will can be important to your loved ones and relations after your death even when you do not have lots of property and assets.
Here, you will find a Washington last will and testament form for download and the details that will eliminate your possible uncertainties in regard to estate planning, kinds of last will, and ways to create a valid document.
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|Statutes||Chapter 11.12 – Wills|
|Signing requirement||Two witnesses||11.12.020 Requisites of wills—Foreign wills|
|Age of testator||18 or older||11.12.010 Who may make a will|
|Age of witnesses||18 or older||11.12.020 Requisites of wills—Foreign wills|
|Self-proving wills||Allowed||11.20.020 Application for probate—Hearing—Order—Proof—Record of testimony—Affidavits of attesting witnesses|
|Handwritten wills||Recognized if meeting certain conditions||11.12.020 Requisites of wills—Foreign wills|
|Oral wills||Recognized if meeting certain conditions||11.12.025 Nuncupative wills|
|Holographic wills||Not recognized||11.12.020 Requisites of wills—Foreign wills|
|Depositing a will||Possible with the clerk of the Washington Superior court A fee is $20||11.12.265 Filing of original will with court before death of testator|
The main distinction between these two documents is that when you pass away, the agent you name via power of attorney loses their legal authority to handle any matters in your place.
There are different types of power of attorney, the two major ones being:
An executor is a person you trust and assign to make sure the last will’s directions are performed. You could name the same individual to act as an attorney-in-fact and a will executor.
In Washington, it’s not necessary to notarize your last will. But in case you would like to attach a self-proving affidavit to the last will, you must notarize it. If you make your will self-proving, the court won’t need to speak to the witnesses to ascertain the validity of the document, which will expedite the probate.
A holographic will is handwritten. To be valid, this document must be completely in the handwriting of the testator, dated and signed by him or her, and witnessed according to the state law. However, these last wills are frequently regarded as a non-permanent option. You would like to replace such last will making an attested one when you can by getting a lawyer’s services or a fillable form. Holographic wills can have ambiguous instructions and could leave out important terms, so they are more difficult to put in force and can slow down the probate substantially. That’s why it might be a better idea to go for the second solution we discuss below.
An attested last will is a typed document that is usually based on a fillable form available online or made with the aid of an attorney. To be considered valid, it has to be signed by the testator and two trusted witnesses over the age of 18 in the testator’s presence, which can also be done in the presence of a notary public. However, the latter isn’t required in Washington.
The testator must fulfill testamentary capacity requirements in order to write and change their last will, including being of sound mind. There are generally two requirements to fulfill: soundness of mind and age. In most states, you’ve got to be over 18 years in order to make a will. Soundness of mind means that you are conscious of your estate as well as the heirs of your possessions and thoroughly understand the aftereffects of your actions.
Under Washington law, you do not need to attach a self-proving affidavit to your last will and testament. Nevertheless, it will serve you well to add this document. In the course of probate, it will act as an alternative for the witness testimony in court and facilitate the process.
If you would like to disinherit your marriage partner, it will most likely be impossible. Washington is a community property state (sometimes called marital property). It is a type of interest documentation provided by the law. It declares that half of all assets (along with arrears) of one marriage partner is owned by the other and stays such on divorce. In the state of Washington, the divorce rate is higher than the average in the country.
In Washington, it’s possible to disinherit your spouse only with regard to your part of the property.
Before getting married to someone, you can conclude a prenuptial agreement with that individual. It’ll help you to modify the way in which the marital property ought to be allocated on divorce or your passing. This is perhaps the only way to disinherit your marriage partner or limit her or his share.
For the others, it’s legal in Washington to disinherit family members in your will. Your children or other members of the family can be lawfully disinherited totally in your last will and testament. For doing that, include certain sections to your last will and testament.
No, only you can change your last will. There is just one case when a third party is permitted to be involved. In case you’re physically incapable of signing your last will and testament, a 3rd party is allowed to do it in your stead yet only with you present.
Yes, it’s possible to change it.
In Washington, in case you haven’t engaged in a contract mentioning otherwise, you can repeal or alter your last will at any moment.
Moreover, it will be a good idea to revise your last will and testament at the time you go through a major life event such as:
In case the last will is lost or damaged, as indicated by Washington law, the court will admit it. However, the probate court can be unlikely to take anything except for the original of the last will to probate.
As outlined by Washington law, the absence of the will is assumed as its revocation. That suggests that the trustee must provide proof of the last will and testament’s validity, which in turn might be found to be quite complicated.
For holographic last wills, the situation can be a lot more problematic because sworn witnesses and testimony will be demanded. The reason behind not producing the last will and testament and its elements must be explained as well.
As per Washington Estate Code, it’s possible for someone to sign their last will providing that it is your (as a testator) instruction and in your presence. It is possible to give a special directive by several methods that include oral communication, a positive answer to a question, or gesticulation.
A notary public can sign the testator’s name in case the testator isn’t able to do it on account of a physical impairment. The notary needs to be guided to perform it with a witness present. It is important to note that such witnesses cannot have an interest (equitable or legal) in any of the assets being the issue matter of or influenced by this document (the will).
|Related documents||Times when you may need to make one|
|Codicil||You would like to make a single or several minor alterations to your last will.|
|Self-proving affidavit||You would like the probate to be easier in due time.|
|Living will||You want to be sure that, if you’re incapacitated, you are treated how you’d wish to.|
|Living trust||You need extra safety and privacy when the time to distribute your property comes.|