Last Will and Testament

A Last Will and Testament is often the cornerstone of most any estate plan. The Clifton Firm recommends that everyone have a will. A Last Will and Testament ensures that your property is disposed of in the way that you wish, thereby removing the burden of your children being forced to make that decision unanimously.

What types of things do I put in my Last Will and Testament?

You can put just about anything you want in your will. It honestly doesn’t matter how much detail you go into. Whether you want to provide a 50 page thesis in your reasoning behind cutting out your nephew Jimmy or a 20 page essay on why you decided to bequeath your beloved ’57 Chevy Bel-Air to your garbage man, you are free to do so.

But generally speaking, all you need to do is clearly state who gets what. The why is not necessary for the administration of your estate, but it doesn’t hurt.

Types of things you SHOULD put in your Will

The names of your beneficiaries. Simply put, you need to name the persons whom you wish to leave your estate to. Don’t list just their first names. If you leave your estate to Billy, any one named Billy could file an action to seek whichever share of your estate was left to Billy. It is best to include their full name, address, or other identifying information that clearly manifests the identity of your beneficiary.
The names of your legal heirs. Under Alabama probate law, legal heirs are typically defined as your spouse and children (whether deceased or living). It is advised to include all known heirs in your will, whether or not you intend on leaving them a share of your estate.
Specific bequests, if any. If you want to leave someone something specific, you need to make sure that you describe that item with reasonable particularity. This will also prevent a lot of conflict among your children (or other heirs) when faced with the decision of who gets what, especially you leave items of particular sentimental value.
Adding a residual estate clause. Anything that is not covered by a specific request should be added to the residuary clause in your Will. This is similar to a “catch-all” provision.
Nomination of your executor. This should be someone you trust who can impartially fulfill the duties and obligations in administrating your estate. During the probate administration, your executor (also known as a personal representative), will be held accountable for safeguarding your estate to ensure the beneficiaries receive their due share. Your executor can be also be a beneficiary. Deciding who to nominate as your executor is a personal choice. An Alabama Estate Planning Attorney can provide insight if you have trouble making this decision.
Whether you want minimal supervision by the court. A will cannot completely skirt judicial supervision, but it can minimize some aspects if the right language is used. Having a will that allows the executor to act with discretion regarding certain tasks can minimize the time your estate will stay in probate. As a result, this will generally cut down on the legal expenses associated in settling your estate. An experienced Alabama Estate Planning Attorney can help you save money in the long run.

How often should I update my Will?

There is no specific rule of thumb for how often you should update your Last Will and Testament. However, here are few reasons why a person should consider having their will updated:

You have more children. If your current will fails to include a child, you need to make sure there are provided for in the will if you wish for them to inherit your estate.
You change your mind. You can always update your will if you want to change any aspect of it. Whether you want to add beneficiaries, remove beneficiaries, change a bequest, add a different executor nomination, etc.
You move to a different state. Although most states will recognize an out of state will, there is no guarantee that 100% of the will is going to be in compliance with the law of the state that you move to. In addition, it is important to have the two witnesses to your will available to come to court if required to help authenticate your will.
Unavailable witnesses. In Alabama, a will must be signed and attested by two (2) witnesses. If the witnesses die or are otherwise unavailable to attest to the authenticity of the will, the will cannot be probated.
You accumulate additional property. If you accumulate additional property that you intend to bequest to a particular beneficiary, you need to make sure it makes it into your will. Otherwise, it becomes part of your residual estate and either the beneficiaries must agree to its disposition or the property might become ordered to be sold by the probate judge.