In this last post of our series, I’ll discuss some of the standard paragraphs your will should contain. In the last two posts, we’ve discussed the types of wills and the holographic will.
The main purpose of a will is to distribute property to someone or a group of people, or appoint a representative to handle distribution of the property. Therefore, if your goal is to appropriate appoint or distribute, you need to make sure that the provisions of your will appoint and distribute. While the length of the document is not important, what you say is.
I like to think of a will like I think of a story: each will has an opening, appointment, distribution, and closing clause. Each clause serves a specific purpose, and is necessary to complete the whole matter.
The Opening Clause
Your opening clause should contain a title and a direct statement that this is your last will and testament. Like any good story, people want to know what its title is when they pick up a document. You can use a simple sentence like "This is the last will and testament of John Doe"; or a more complex one. Regardless of your style, remember to clearly tell the reader what you’re purporting to create.
The Appointment Clause
You should appoint someone to act as the executor of your estate. This person is your personal representative to handle your affairs when you die. This person will pay your debts, close any accounts you have, and distribute your property according to your distribution clause.
Your appointment clause can be simple or complex, but remember, clearly tell the reader who you’re choosing. You can add multiple successor executors, if your primary executor declines to perform the function.
The Distribution Clause(s)
Unless you want a gigantic argument your relatives over who gets your junk, it’s vitally important you tell your survivors how you want to distribute your property. Remember, the state will split your property equally among your descendants. If you don’t want your estranged brother whom you’re feuding with to take a split, you’d better clearly state that in your will. You may use a sentence like "I have specifically left out my brother John, in making my distributions."
As you prepare, you should make a list of your property and decide who gets what. If you want, you can draw columns on the list and write your beneficiaries’ names next to the item. Remember to reference your list in your will! You may wish to add a sentence like this: "I created a list on January 1, 2010 describing how I want my property distributed, my executor should refer to this list when distributing my property."
If you’re leaving all of your property to one person, it’s much less complicated, but you should still make the particular considerations discussed above.
Your descendants or beneficiaries will have no idea what your wishes are unless you tell them. If you clearly outline your wishes, then you’ll create much less stress for those who administer your affairs after your death.
The Closing Clause
Your closing should be straightforward and simple. Again, let the reader know you’re done appointing and distributing. The most important thing to remember is that your holographic will must be signed and dated. The closing is the perfect place to meet those two requirements.
Finally, as one last reminder, please remember the holographic requirements: written entirely in the testator’s handwriting, signed, and dated. If you’ve done the things we’ve discussed in this series, your beneficiaries will have little or no problems deciphering your wishes, probating your estate, and honoring your memory.
If you’d wish to add additional protections, or if you’d like help drafting your will, you should contact our office at (405) 748-0318. We can discuss in-depth estate planning and trust creation which will help protect your assets, and offer you legal advice for your particular situation.
Note: you can find part 1 here, and part 2 here.