# Lawyers: Will Template? **URL:** \ **Category:** Factual Questions\ **Created:** [November 25, 2003, 2:53pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189 "2003-11-25T14:53:36Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Eve](https://avatars.discourse-cdn.com/v4/letter/e/9e8a1a/32.png) [@Eve](https://boards.straightdope.com/u/Eve)\ **Post date:** [November 25, 2003, 2:53pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/1 "2003-11-25T14:53:36Z")
I’m revising my will to send to my lawyer—but I want to send him something relatively professional-looking (the more he laughs, the more he charges me). Is there a site that will give me a good basic template for a will, healthcare proxy, “please unplug me” and all that jazz? Thanks! ---
**Author:** ![ENugent](https://avatars.discourse-cdn.com/v4/letter/e/4af34b/32.png) [@ENugent](https://boards.straightdope.com/u/ENugent)\ **Post date:** [November 25, 2003, 3:15pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/2 "2003-11-25T15:15:11Z")
Your lawyer undoubtedly has his own “template” for wills, and extracting the stuff you care about from whatever you send him will probably take more time than if you send him a nice, cleanly formatted list of what you want. Remember to put in alternative beneficiaries if your primary beneficiaries die before you do (if that’s what you want). For the healthcare proxy and the do-not-resuscitate order, he may already have some basic checklists - it’s worth checking with him. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [November 25, 2003, 3:25pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/3 "2003-11-25T15:25:29Z")
Some states also have templates for legally valid wills and healthcare proxies written into the statutes for do-it-yourselfers. ---
**Author:** ![Eve](https://avatars.discourse-cdn.com/v4/letter/e/9e8a1a/32.png) [@Eve](https://boards.straightdope.com/u/Eve)\ **Post date:** [November 25, 2003, 3:37pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/4 "2003-11-25T15:37:00Z")
> [@](#): > > \*Originally posted by ENugent \* > **Remember to put in alternative beneficiaries if your primary beneficiaries die before you do (if that’s what you want).** Actually, I _do_ want my primary beneficiaries to die before I do . . . ---
**Author:** ![ENugent](https://avatars.discourse-cdn.com/v4/letter/e/4af34b/32.png) [@ENugent](https://boards.straightdope.com/u/ENugent)\ **Post date:** [November 25, 2003, 4:20pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/5 "2003-11-25T16:20:23Z")
:smack: ---
**Author:** ![TaxGuy](https://avatars.discourse-cdn.com/v4/letter/t/b19c9b/32.png) [@TaxGuy](https://boards.straightdope.com/u/TaxGuy)\ **Post date:** [November 25, 2003, 4:20pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/6 "2003-11-25T16:20:34Z")
**Eve** , I really think that you will incur more fees by presenting your lawyer with your own version of a will and related stuff than you would if you just gave him a list of stuff you wanted to happen and then talked to him about it. This is so because if you present him with your own version, he’ll have to generate a list of what he thinks you want to place into his own form. By making y our own list in the first place, you seem to cut out a step. Although I am a lawyer, I don’t prepare wills, so take the above with a grain of salt. ---
**Author:** ![Eve](https://avatars.discourse-cdn.com/v4/letter/e/9e8a1a/32.png) [@Eve](https://boards.straightdope.com/u/Eve)\ **Post date:** [November 25, 2003, 4:46pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/7 "2003-11-25T16:46:48Z")
Oh, OK. Thanks. I am having fun right now leaving stuff to people: “David gets my art deco vanity; Karen gets my 1940s bathroom wall fish; Michael gets my 1930s phone . . .” ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [November 25, 2003, 5:52pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/8 "2003-11-25T17:52:53Z")
And what does **Otto** get? Why doesn’t anyone ever think of poor **Otto**? This gives me an idea for a MPSIMS thread which I may or may not get around to posting… ---
**Author:** ![Eve](https://avatars.discourse-cdn.com/v4/letter/e/9e8a1a/32.png) [@Eve](https://boards.straightdope.com/u/Eve)\ **Post date:** [November 25, 2003, 7:16pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/9 "2003-11-25T19:16:04Z")
Right . . . I leave you my art deco vanity and am found floating in the Hudson River the next day . . . ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [November 25, 2003, 7:37pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/10 "2003-11-25T19:37:47Z")
I agree with the consensus of the thread. With wills in particular it’s important to get a competent lawyer and then put the matter in his hands because they are easy to screw up. While there typically aren’t “magic words” necessary in a will anymore (in most instances), they must be executed in a very formal and precise way, with a specified number of witnesses, all of which must witness each other’s signature as well as the testator’s, and none of which may have an interest in the estate. This is very easy to get wrong, and if it is wrong, the will may be declared invalid. This is why the form wills **Otto** mentions are dangerous, even if they are promulgated by the state. You can write a perfectly good will according to the forms, but if you fail to get it properly executed, it might not be worth the paper it’s printed on. So, **Eve** , since I’ve saved you from **Otto** ’s columny, maybe I can have a shot at the art-deco vanity? –Cliffy ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [November 25, 2003, 8:03pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/11 "2003-11-25T20:03:45Z")
> [@](#): > > \*Originally posted by Eve \* > \*\*I am having fun right now leaving stuff to people: “David gets my art deco vanity; Karen gets my 1940s bathroom wall fish; Michael gets my 1930s phone . . .” \*\* … and \*\*Otto \*\*gets the 1920s-style … oh, forget it. ---
**Author:** ![SkipMagic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skipmagic/32/20706_2.png) [@SkipMagic](https://boards.straightdope.com/u/SkipMagic)\ **Post date:** [November 25, 2003, 8:22pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/12 "2003-11-25T20:22:51Z")
> [@](#): > > \*Originally posted by Eve \* > \*\*Oh, OK. Thanks. > > I am having fun right now leaving stuff to people: “David gets my art deco vanity; Karen gets my 1940s bathroom wall fish; Michael gets my 1930s phone . . .” \*\* **SkipMagic** wants your 1930s phone. Can I fight Michael for it? ---
**Author:** ![Eve](https://avatars.discourse-cdn.com/v4/letter/e/9e8a1a/32.png) [@Eve](https://boards.straightdope.com/u/Eve)\ **Post date:** [November 25, 2003, 8:52pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/13 "2003-11-25T20:52:11Z")
Michaal is a big, butch gay guy, weighing in at about 200 lbs. Think you can take him? ---
**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\ **Post date:** [November 25, 2003, 8:56pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/14 "2003-11-25T20:56:44Z")
Wills and estate planning are very complex areas of the law and require competent legal advice from a lawyer in your jurisdiction. On the other hand, most states make filling out a advance health care directives (including living wills and/or health care proxies) simpler and clearer than wills. A good resource with state-by-state forms is [located here](http://www.uslivingwillregistry.com/forms.shtm). Although legal advice may be helpful for health care directives in some states, I would encourage those who are intersted in such things but unable or unwilling to obtain legal advice on the subject to do it yourself. Also, health care advocacy groups, legal aid groups, bar associations or other groups or organizations may be able to help you. (I am not your lawyer, if you have any questions consult your own lawyer or other competent advisor.) ---
**Author:** ![Eve](https://avatars.discourse-cdn.com/v4/letter/e/9e8a1a/32.png) [@Eve](https://boards.straightdope.com/u/Eve)\ **Post date:** [November 25, 2003, 9:04pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/15 "2003-11-25T21:04:32Z")
I _am_ seeing a lawyer—I just wanted a template so what I send to him looks as professional and non-idiotic as possible. ---
**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\ **Post date:** [November 25, 2003, 10:46pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/16 "2003-11-25T22:46:06Z")
IANAL, and what follows is emphatically _ **not** _ to be construed as legal advice. That said, however, there seems to be a standard format for wills which, when properly composed and executed (see **Cliffy** ’s post for important standards on execution), will result in a will that has a good chance of holding up in court. First, you direct that your just debts and funeral expenses be paid. Then you name someone (which can be a corporate body) whose job it is to make sure that your will is carried out as you specify. In most jurisdictions, that person is your _executor_, but some places have unique terminology. It’s wise to name one or more additional people as fallbacks in case your named executor dies, develops senility, goes into an irreversible coma, or some other unlikely but possible event that keeps him or her from serving as executor – or if he or she just plain refuses. Next few clauses leave specific bequests to people. This can be **Eve** ’s 1930’s style death telephone or great-grandma’s heirloom afghan, or it can be “I leave $5,000 to my good friend Albert Glock.” Final clause tells the executor what to do with your _residual estate_ – what’s left over after debts are paid and specific bequests have been distributed. This can go to one person or be divided in the ratio you set among two or more persons. Each clause should say what happens if the person named predeceases you – does it go to their wife or kid, return to the residual estate, or what? Also take into account that you and that person might die at approximately the same time. _Contingent_ heirs, beneficiaries, etc., should be named. You should be aware of what your state’s laws on stuff like _dower and curtesy_ are – under North Carolina law, half my estate **must** go to my wife if she survives me, or she can challenge and defeat my will. (As it happens, she gets everything if she outlives me – but it’s necessary to be aware of what the law says on things like that.) In the event that you disinherit or leave a very small bequest to a relative, it’s important to **state why**. E.g., “I leave the sum of $100,000 each to my son Marvin and my daughter Earlene, to be distributed _per stirpes_ to the heirs of their bodies if either predeceases me. Because I have given a like sum during my lifetime to my son Harold to finance his successful used-snowmobile dealership, I am not making a similar bequest to him. But he remains my beloved son, and I do leave him my collection of antique blunderbusses.” Or “I leave my residuary estate to be distributed equally among my three children. Because my wife is the sole beneficiary of my $5,000,000 life insurance, I do not provide separately for her in this will, other than the clauses above leaving specific property to her.” Two apparently contradictory propositions govern wills. First, because you’re not available to answer questions (at least not without a séance), your will should reflect clear statements of your intent. Brief and explicit is the rule. However, for precisely the same reason, you should go into as much detail as is necessary to make crystal clear what your intent is. “I leave to John Smith my 10,000 shares of I.B.M. stock” may reflect your intent to remember your college roommate, but “I leave my 10,000 shares of I.B.M. stock to John Montmorency Smith, my former college roommate, who resides as of the writing of this will at 1403 Old Wertsboro Turnpike, Grommetsburg, Rhode Island” means that every John Smith you’ve ever met cannot sue your estate for that stock. ---
**Author:** ![SkipMagic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skipmagic/32/20706_2.png) [@SkipMagic](https://boards.straightdope.com/u/SkipMagic)\ **Post date:** [November 25, 2003, 10:54pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/17 "2003-11-25T22:54:42Z")
> [@](#): > > \*Originally posted by Eve \* > \*\*Michaal is a big, butch gay guy, weighing in at about 200 lbs. Think you can take him? \*\* Out to dinner? Maybe. But first I gotta ask **auntie em** for permission. In a fight? Depends if he’ll fall down when I pull a Karate Kid move. Providing I go rent the movie this weekend to remember what happened. 🙂 ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [November 25, 2003, 11:01pm UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/18 "2003-11-25T23:01:06Z")
> [@](#): > > Michaal is a big, butch gay guy, weighing in at about 200 lbs. Think you can take him? Oh honey, you know _I_ can! Then we’ll move to Massachusetts and get married, and _then_ I shall get the art deco vanity! Oh wait, he’s getting the phone, right? That’s OK, I can always use another 200 lb butch gay guy. As for **Cliffy** ’s well-taken caveat about the statutory wills, the ststutes will also include instructions on how to witness them. Those who are too stupid to read them before writing the will deserve what they get. ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [November 26, 2003, 12:10am UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/19 "2003-11-26T00:10:33Z")
Don’t forget that classic western: _Will Template, Have Travel_ ---
**Author:** ![DocCathode](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/doccathode/32/18773_2.png) [@DocCathode](https://boards.straightdope.com/u/DocCathode)\ **Post date:** [November 26, 2003, 3:27am UTC](https://boards.straightdope.com/t/lawyers-will-template/215189/20 "2003-11-26T03:27:10Z")
> [@](#): > > \*Originally posted by Eve \* > \*\*Is there a site that will give me a good basic template for a will, healthcare proxy, “please unplug me” and all that jazz? > > Thanks! \*\* I, Eve Golden, Being of mind and body sound, And all that jazz! Do hereby set, my will and testament down, And all that jazz! No ventilators, or heroic measures, And all that jazz! I’ll list who gets which antique treasures, And all that jazz! Who gets the, 1940’s fish on the wall, or the autographed picture of Lauren Bacall, And alllll thaaaat jaaaaazz! [Next page](https://boards.straightdope.com/t/lawyers-will-template/215189.md?page=2)