A will is an important and legal instrument that represents the final wishes of a testator with regard to their individual property and ways in which they’d want it to be distributed among chosen heirs.
More often than not, most of us can only benefit from creating a last will and testament. A thought-out and effectively made will can be important to those you love and relations after your passing even when you haven’t got a lot of assets.
Here, you will find a Wyoming last will and testament form for download and the information that should eliminate your possible questions regarding property planning, types of will, and how to make a valid document.
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|Statutes||Title 2 – Wills, Decedents’ Estates and Probate Code; Chapter 6 – Wills|
|Signing requirement||Two witnesses||§ 2-6-112. Will to be in writing; number and competency of witnesses; signature of testator; subscribing witness not to benefit; exception|
|Age of testator||18 or older||§ 2-6-101. Right to make and dispose; exception|
|Age of witnesses||18 or older||§ 2-6-115. Who may witness|
|Self-proving wills||Allowed||§ 2-6-114. Self-proving wills|
|Handwritten wills||Recognized if meeting certain conditions||§ 2-6-112. Will to be in writing; number and competency of witnesses; signature of testator; subscribing witness not to benefit; exception|
|Oral wills||Not recognized|
|Holographic wills||Recognized if meeting certain conditions||§ 2-6-113. Holographic will|
The primary difference between these two documents is that once you depart this world, the person you appoint through power of attorney loses their official authority to take care of any matters for you.
You can find different types of power of attorney, the two principal ones being:
An executor is a person you trust and appoint to make sure the last will’s directions are executed. Nonetheless, these two positions can be served by the same person.
A will in Wyoming is valid without notarization. But in case you need to attach a self-proving affidavit to your last will, you will have to notarize it. If you make your last will self-proving, the court won’t have to speak to the witnesses to ascertain the legality of the document, which is going to expedite the probate.
If you need to make a holographic will, you will have to write the entire thing by hand. Remember that such a last will is usually created when there’s no other solution and is substituted with a much more thorough document made with the help of a fillable last will form or attorney at law. It’s not advised to hold a holographic will as your final version as it could have ambiguous or conflicting statements, causing much stalling in the probate.
An attested will is a typed document, generally based on a fillable template obtainable online or created with the help of a legal professional. To be viewed as 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 is not needed in Wyoming.
In order to create your will and modify it (to be testamentary capable), you have to meet specific requirements relating to your legal and mental capabilities (sound mind) first.
You might be thought as missing testamentary capacity in case you’re a minor (under 18 years old) or have symptoms of dementia, senility, insanity, or a similar mental disorder that does not let you have a full understanding of your assets’ cost, heirs, disposition, along with the interrelationship of these elements.
It’s not necessarily in Wyoming. But, if you choose to include a self-proving affidavit, it’ll be quite helpful because the document serves as a substitute for in-court testimony of witnesses at the time of probate.
In Wyoming, there’s no such concept as community or marital property. That means that the belongings collected or increased in the marriage do not have to be equally shared between the two spouses. Wyoming law allows you to exclude your marriage partner from your last will and testament completely. However, your spouse will be admitted to a determined minimum amount of your property.
Regarding the others, it’s legal in Wyoming to disinherit members of the family in the last will and testament. Your adult children or other relatives can be lawfully disinherited completely in your last will. To do that, include particular clauses to the last will.
Only the testator can change his or her will. There’s one particular case when a 3rd party can be involved. In case you’re physically unable to sign your last will and testament, another person is allowed to do so instead of you yet only with you present.
Yes, it’s possible to modify it.
As outlined by Wyoming law, you can alter or repeal the last will and testament in case you are not obliged by a legal agreement that mentions otherwise.
Additionally, it will be a wise decision to review your will whenever you experience an important life event, such as:
In Wyoming, the law claims that the court can accept a last will if it’s damaged or lost. But, the probate court will not be likely to approve anything other than the original of the will to probate.
In line with Wyoming law, the will’s absence is assumed as its cancellation. This suggests that the executor will need to prove the last will’s validity, which in turn can be found to be very troublesome.
For a holographic will, you would need sworn witnesses and testimony to prove. That can make things more complicated. The reason behind not producing the will and its elements is to be proven as well.
By Wyoming Estate Code, it will be possible for someone to sign his or her last will provided that it’s your (as a testator) directive and in your presence. The person who wrote the will can communicate his or her last wishes in words, through answering positively to an inquiry, or by body language.
A notary public can sign the name of the testator if the testator can’t do it due to a physical impairment. The notary has to be directed to perform it in the presence of a witness. Such a witness is decided on the same way someone would choose a trustee – they can’t have any legal or equitable interest in any property and assets being the issue matter of or affected by the last will.
|Related documents||Instances when you may need to make one|
|Codicil||You want to slightly modify your will without creating a new document from scratch.|
|Self-proving affidavit||You would like to steer clear of possible risks during the probate.|
|Living will||You want to express your wishes about the end-of-life medical treatment and life-prolonging procedures.|
|Living trust||You want to take care of your end-of-life affairs without probate.|