What is the Right Will?

Most people assume when they approach the estate planning process that they need a simple will. But the truth is that every person can benefit from having the right will.

Determining the right will for you is based on many different factors, including the complexity or the simplicity of your gifting scheme and goals, contingency planning for what will happen if any of your beneficiaries pass away, whether a probated will is required, the size of the estate and the kinds of assets that will pass through the will. When no probate is required, a basic will is likely to be sufficient for your estate planning needs.

A simple will could also be appropriate if the testator has diminished capacity to understand what their will says. However, a short formal will is one that should still be prepared by an attorney. In California, a statutory will comes as a free form available online, but you still should have an attorney review all your documents even if you started drafting the framework on your own.

The testator maintains a certain set of decisions and choices to make and then fills out the basic information in the blanks in the form, initials each page and signs and dates the will before two witnesses who have no interest in the will and can sign it. There are no elaborations or deviations allowed on the form. This can be very problematic even if you assume that you have a basic estate. Someone who believes they do not stand to benefit from using a will could make things much more difficult for their loved ones down the line.

If you are confused about whether or not it makes sense to use a basic will in the state of California, sit down and discuss your general estate planning concerns directly with an attorney who has significant experience in this field and one who can advise you about the common pitfalls that people experience when planning ahead for their estate.

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