Make Your Wishes Known
Last Will and Testament basics. By Richard Patrick, JD.
Knowing that the gifts you want to leave behind have been securely documented can be gratifying. In Washington, a person must be of a sound mind and at least eighteen years of age to make a valid Will. Being of a sound mind means that the person is aware of his/her surroundings and knows what they own in this world. The person must be aware of the “treasures of their kingdom” and to whom they are leaving their treasures. The person making the Will is called testator.
Every Will must be in writing signed by the testator. The testator’s signature must be witnessed by at least two people and their signatures must be notarized. A Will should not be witnessed by someone that is going to receive part of the inheritance (beneficiary). If it is, there must be at least two other “non-interested” witnesses.
A Will, or part of it, can be revoked by a subsequent Will that states it revokes all prior Wills. In those cases it isn’t necessary to destroy the old Will. A Will can also be revoked by being destroyed with the intent and for the purpose of revoking the Will. If, after making a Will, the testator gets a divorce, all provisions in the Will in favor of the former spouse are revoked, unless the Will expressly provides otherwise. So we don’t have to worry about changing our Will right away after a divorce, however it is a very good idea to do so regardless.
The testator must name a Personal Representative (PR) in the Will. The PR has the responsibility to do what the Will says must be done. The PR does not have the power or authority to make changes to the Will. Pick a PR that you believe will be responsible and follow the Will’s instructions. There is a lot of self help Will stuff out there. If you do your own Will, without an attorney, focus on two areas; 1) clear and simple language to make your wishes understandable, and 2) sign the Will, with two witnesses, and the witnesses signatures are notarized. Be sure to put your Will in a safe place and give a copy to the PR. Then rest assured that your wishes will be followed.
Disclaimer of Liability: This information is only provided to increase awareness of issues surrounding Last Will and Testament Basics. While the information provided is about legal issues, it is not legal advice or legal representation. Richard P. Patrick is a local Gig Harbor Attorney. His office is located at 5358 33rd Ave NW Suite 102, Gig Harbor, WA 98335. (253) 858-6800 richardpatricklaw.com
