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Updated Will Guide: Essential Information for All Family Structures

Comprehensive guide to updating your will for blended families, same-sex couples, parents, and individuals with significant assets. Learn why an updated will is crucial for protecting your loved ones and assets.

Introduction

An updated will is one of the most important legal documents you can create to protect your family and assets. This legal instrument ensures your wishes are carried out after your passing, providing clear instructions about how your property should be distributed, who will care for minor children, and how your affairs should be managed. Without an updated will, state laws determine what happens to your assets and dependents, which may not align with your intentions. This guide explains the importance of keeping your will current, especially for blended families, same-sex couples, parents with minor children, and individuals with significant assets. Understanding the basics of an updated will can help you make informed decisions to protect your loved ones and provide peace of mind for your family's future.

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Key Things to Know

  1. 1

    Without an updated will, state intestacy laws determine how your assets are distributed, which may not align with your wishes for your family members.

  2. 2

    For blended families, an updated will is essential to ensure all children (biological and step-children) are provided for according to your intentions.

  3. 3

    Same-sex couples benefit from the legal protections an updated will provides, especially in regions where legal recognition may be evolving.

  4. 4

    Naming guardians for minor children is one of the most important functions of a will for parents.

  5. 5

    Your will should be reviewed and potentially updated after every major life event (marriage, divorce, birth of children, significant asset acquisition).

  6. 6

    For those with significant assets, an updated will should work in conjunction with trusts and other estate planning tools to minimize taxes and maximize asset protection.

  7. 7

    Digital assets, pets, and sentimental items should be specifically addressed in your updated will to avoid confusion or conflict.

  8. 8

    Working with an estate planning attorney familiar with your specific family structure is highly recommended to ensure your will accomplishes your goals.

Key decisions before you file

Before you file a Updated Will in Kansas, a few decisions shape the document: which option to choose and what each one means. The Updated Will guide walks through them.

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Kansas Requirements for Updated Will

  • Testamentary Capacity (K.S.A. § 59-601)

    Under Kansas law, the testator must be of sound mind and at least 18 years old to execute a valid will. Sound mind means the testator understands the nature and extent of their property, the natural objects of their bounty, and the disposition they are making.

  • Will Execution Requirements (K.S.A. § 59-606)

    A will in Kansas must be in writing, signed by the testator or by someone else in the testator's presence and at their direction, and witnessed by two competent witnesses who sign the will in the presence of the testator.

  • Self-Proved Will (K.S.A. § 59-606)

    Kansas allows for self-proved wills, which require the testator and witnesses to sign affidavits before a notary public, attesting to the proper execution of the will. This eliminates the need for witnesses to testify in court when the will is probated.

  • Holographic Wills (K.S.A. § 59-609)

    Kansas does not recognize holographic wills (handwritten wills that are not properly witnessed) unless they were executed in a state where such wills are valid.

  • Revocation of Wills (K.S.A. § 59-611)

    A will can be revoked by a subsequent will, by a physical act of destruction with intent to revoke, or by operation of law such as divorce (which revokes provisions favoring the former spouse).

  • Spousal Elective Share (K.S.A. § 59-6a202)

    Kansas law provides that a surviving spouse may elect to take a percentage of the decedent's estate regardless of what the will provides. The percentage depends on the length of the marriage and ranges from 3% to 50% of the augmented estate.

  • Pretermitted Heir Provision (K.S.A. § 59-609)

    Children born or adopted after the execution of a will who are not provided for in the will may be entitled to a share of the estate as if the testator had died intestate, unless it appears the omission was intentional.

  • Guardian Designation for Minor Children (K.S.A. § 59-3051)

    A will may designate a guardian for minor children. The court will generally honor this designation unless it determines that the appointment would not be in the best interests of the child.

  • Personal Representative Appointment (K.S.A. § 59-705)

    The will should name a personal representative (executor) to administer the estate. If none is named, the court will appoint one according to statutory priority.

  • No-Contest Clause (K.S.A. § 59-2211)

    Kansas recognizes no-contest clauses (in terrorem clauses) that disinherit beneficiaries who challenge the will, though courts may not enforce them if there is probable cause for the contest.

  • Simultaneous Death Provision (K.S.A. § 58-708)

    Under the Uniform Simultaneous Death Act as adopted in Kansas, if the order of deaths cannot be determined, each person is deemed to have predeceased the other for purposes of disposition of property.

  • Rule Against Perpetuities (K.S.A. § 59-3401)

    Kansas has modified the common law Rule Against Perpetuities with a statutory rule that limits the duration of nonvested property interests to a period of lives in being plus 21 years.

  • Transfer on Death Deeds (K.S.A. § 59-3501)

    Kansas allows for transfer on death deeds for real property, which can be referenced in a will but operate independently of the probate process.

  • Estate Tax Considerations (26 U.S.C. § 2001)

    While Kansas has repealed its estate tax, federal estate tax may apply to estates exceeding the federal exemption amount. A will should include provisions addressing potential federal estate tax liability.

  • Generation-Skipping Transfer Tax (26 U.S.C. § 2601)

    Federal law imposes a tax on transfers that skip generations (e.g., from grandparent to grandchild). A will should consider this tax when making distributions to skip persons.

  • Digital Assets Provision (K.S.A. § 58-4801)

    Kansas has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, which allows a testator to give directions for the disclosure of digital assets to fiduciaries in a will.

  • Anatomical Gifts (K.S.A. § 65-3221)

    A will may contain provisions regarding anatomical gifts, though separate documentation is recommended as the will may not be read until after burial.

  • Pet Trust Provisions (K.S.A. § 58a-408)

    Kansas law allows for the creation of trusts for the care of animals alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created for multiple animals, upon the death of the last surviving animal.

  • Choice of Law Provision (K.S.A. § 59-806)

    For testators with property in multiple states, a choice of law provision can specify which state's laws should govern the interpretation of the will, though real property is generally governed by the law of the state where it is located.

  • Incorporation by Reference (K.S.A. § 59-619)

    Kansas allows a will to incorporate by reference any document in existence at the time of the will's execution, provided the will manifests this intent and sufficiently describes the document.

Frequently Asked Questions