Provisions to Include in Your Will

Out of all the things you can do to protect your family and property, estate planning is the most important. A last will and testament is the foundation of many estate plans. This document ensures that your wishes are fulfilled, that your loved ones are cared for, and that disputes after you pass away are minimized. For those unfamiliar with the process, drafting a will can feel like an intimidating and overwhelming process. Below, our Utah estate planning attorney explains the most important provisions to include in your will.

Your Personal Information 

You should clearly state that you are the testator, the legal term for the person making the will. Include as many personal details as possible, including your full name, your date of birth, and your address. This will ensure there is no ambiguity regarding whose will it is. You should also clearly state that the document is your last will and testament and that you are revoking any previous wills or codicils, which are amendments to a will. This will help avoid contradictory instructions and confusion.

Your Personal Representative 

You should also appoint a personal representative within your will. This individual will oversee its execution, ensuring that your debts are repaid, your property is distributed according to your instructions, and that your final wishes are honored. When choosing a personal representative, it is critical to select someone who is capable, organized, responsible, and who has a basic understanding of legal and financial matters.

Guardian for Minor Children

 One of the most important elements of your will if you have minor children is appointing a guardian for them. This individual will care for your children in the event that you pass away and you are unable to. If you do not appoint a guardian, the court will appoint one for you and their choice may not align with yours.

Distribution of Property 

One of the main purposes of a last will and testament is to outline how you want your property distributed after you pass away. It is important to be very specific when outlining these instructions. For example, simply stating ‘I want all of my property to go to my children’ can cause confusion regarding whether you meant your biological children, stepchildren, and adopted children, or just certain children. Instead, name the specific children you want to receive your property after you pass away.

Witnesses and Signatures 

For a will to be valid in Utah, it must be signed by the testator and two witnesses. All of these individuals must sign the will in the presence of each other and all signatures must be notarized. If your will does not meet these requirements, it can create confusion and render your will void. This may result in your wishes not being fulfilled.

Our Estate Planning Attorney in Utah Can Help with Your Case 

At AGS Law, our Utah estate planning attorney can help you draft your will, and the rest of your estate plan, to ensure it is valid and that your wishes are fulfilled. Call us now at 801-477-6144 or contact us online to schedule a consultation and to get the legal help you need.

Source:

le.utah.gov/xcode/Title75/Chapter2/C75-2-P5_1800010118000101.pdf