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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 Washington, 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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Washington Requirements for Updated Will

  • Testamentary Capacity (RCW 11.12.010)

    Under Washington law, the testator must be of sound mind and at least 18 years old to execute a valid will. Sound mind means understanding the nature of making a will, knowing the nature and extent of one's property, and recognizing natural objects of one's bounty.

  • Will Execution Requirements (RCW 11.12.020)

    A valid will in Washington must be in writing, signed by the testator (or by someone else at the testator's direction and in their presence), and witnessed by at least two competent witnesses who also sign the will in the testator's presence.

  • Self-Proved Will (RCW 11.20.020)

    A will can be made self-proved at the time of execution by attaching an affidavit signed by the testator and witnesses before a notary public, eliminating the need for witness testimony during probate.

  • Holographic Wills (RCW 11.12.020)

    Washington does not recognize holographic wills (handwritten wills without witnesses) unless they comply with all statutory formalities, including proper witnessing.

  • Revocation of Wills (RCW 11.12.040)

    A will can be revoked by a subsequent will that expressly revokes the prior will, by a document executed with the same formalities as a will that expressly revokes the prior will, or by physical act (burning, tearing, canceling, obliterating, or destroying).

  • Effect of Divorce on Will (RCW 11.12.051)

    If a testator divorces after making a will, all provisions in the will in favor of the former spouse are automatically revoked unless the will expressly provides otherwise.

  • Community Property (RCW 26.16.030)

    Washington is a community property state, meaning that property acquired during marriage is generally owned equally by both spouses. A will can only dispose of the testator's separate property and their half of community property.

  • Omitted Spouse (RCW 11.12.095)

    If a testator marries after making a will and the will does not provide for the new spouse, the spouse is entitled to receive the share they would have received if the testator had died intestate, unless the will shows intent to omit the spouse.

  • Omitted Children (RCW 11.12.091)

    Children born or adopted after the execution of a will who are not provided for in the will are entitled to receive the share they would have received if the testator had died intestate, unless the omission appears intentional.

  • Guardian Nominations (RCW 11.88.080)

    A will may nominate a guardian for minor children, which the court will consider but is not bound by. The court will make appointments based on the best interests of the child.

  • Personal Representative Appointment (RCW 11.28.010)

    A will may nominate a personal representative (executor) to administer the estate. The court generally honors this nomination unless there is good cause not to do so.

  • No-Contest Clauses (RCW 11.96A.190)

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

  • Simultaneous Death (RCW 11.05A.040)

    Under the Uniform Simultaneous Death Act, if the testator and a beneficiary die simultaneously or in circumstances where it cannot be determined who died first, the beneficiary is deemed to have predeceased the testator for purposes of the will.

  • Rule Against Perpetuities (RCW 11.98.130)

    Washington has modified the common law Rule Against Perpetuities, limiting the duration of certain future interests in property to a period not exceeding 150 years.

  • Digital Assets (RCW 11.120.040)

    Under the Revised Uniform Fiduciary Access to Digital Assets Act, a will may include provisions for the disposition of digital assets and electronic communications.

  • Estate Tax Considerations (RCW 83.100.040)

    Washington imposes its own estate tax on estates exceeding certain thresholds, which is separate from the federal estate tax. Proper will planning can help minimize these tax burdens.

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

    Federal estate tax applies to estates exceeding the federal exemption amount. A will should include provisions addressing potential federal estate tax liability for larger estates.

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

    Federal law imposes a generation-skipping transfer tax on certain transfers to grandchildren or more remote descendants. Will provisions should address this if applicable to the testator's estate plan.

  • HIPAA Authorization (45 C.F.R. § 164.508)

    While not strictly a will requirement, including HIPAA authorization language can help personal representatives access medical records needed for estate administration.

  • Tangible Personal Property Memorandum (RCW 11.12.260)

    Washington allows a testator to refer in their will to a separate written statement or list disposing of tangible personal property items not otherwise disposed of in the will.

Frequently Asked Questions