Wills

A will is a written document that explains how you want your “assets” — your belongings, money and real estate — to be “distributed” (who they will be given to) after your death. A will only applies to assets that do not pass automatically to joint owners or persons designated as a “beneficiary.”

In your will, you can name the person you want to be in charge of following your wishes. This person is called your “executor.” After your death, your will must go through the Probate Division of Superior Court before any distributions can be made. (See our page about “Going Through Probate.”)

Even if you think you don’t need a will, having a will is a good idea. A will lets you decide how your assets will be distributed. If you die without a will, your assets will be distributed to your family based on standard rules for everyone in Vermont. (See “What If There Is No Will?” on the Going Though Probate page.)

A will can also provide a plan for the guardianship of your children who are under 18 years old.

Do I need a will?

If you have children who would need a guardian if you died, a will is a good way to plan for the guardianship of them.

In addition, a will is particularly useful if you have assets which will go into your estate upon your death. If all of your assets pass to other people when you die and you do not anticipate coming into other property of value, then you might not need a will.

Sometimes people are told that they should do a trust rather than a will because going through probate is expensive and time consuming. Despite what you may have heard, it is not always expensive or time-consuming to go through probate in Vermont.

Consult with a lawyer if you have any questions about whether you should have a will or how your property would be distributed upon your death.

Examples of how property can be distributed at the time of your death without going through probate court:

If you own real estate as joint tenants or have joint accounts:	It will go to the other joint tenants or joint account holders.
If you own real estate as tenants by the entirety:	It will go to your spouse.
If you have money or assets in a “pay on death account”:	It will go to the person or people you list as the beneficiary of the account.
If you have a life estate:	It will go to the person or people who own the remainder interest.

Even if there is a will, all assets in the table above will be distributed according to the table, and not according to the will.

How do I make a will?

You must be over age 18 and must be of sound mind when you sign a will. Being “of sound mind” means that you know what property you own, who it would normally go to (even if you do not want it to go to them), and that you have a plan for how you want it distributed.

You must sign the will in front of two witnesses who must watch you and each other sign the document. A person who will get something under your will cannot be a witness.

When you sign a will, you are “executing” a will.

Do I need a lawyer?

You do not need a lawyer to draft your will, but it is a good idea to have a lawyer do it. While there are many forms available on the internet, they are not all valid or good. Many are not written with Vermont laws in mind.

Because your will becomes final at your death, you will not have a chance to “fix” it or to change it if you have made a mistake. A lawyer can write the will taking into account your unique needs. A lawyer will make suggestions about what to include in your will.

Anybody can “file a claim against your estate.” That means they want to inherit some of your assets after you die. Just because someone has filed a claim does not necessarily mean that he or she will win. A properly written will can reduce their chances of getting money or property you intended to go to some else.

How do I revoke or change a will?

You can “revoke” (cancel) your will by:

executing a new will and signing it according to the law where you sign it
signing a document revoking it in the presence of two witnesses, or
physically destroying the will with the intention of revoking it.

You can change your will by writing a new will, or by executing a “codicil.” A codicil is a document that changes a part of your will. The codicil must be signed in accordance with the same rules for signing a will. (See “How Do I Make a Will?” above.)

More Information About Wills

Contact Vermont Law Help if you have more questions. We can’t usually draft wills, but we may be able to answer basic questions. Fill out our form and someone from Vermont Law Help will contact you.

If you are 60 years old or older, you might be eligible to attend an Advance Planning Clinic which Vermont Legal Aid conducts around the state. At the clinics we draft simple wills, advance directives and durable powers of attorney. Call our intake number at 1-800-889-2047 or fill out our form to find out when and where the next workshop will be held, and to find out if you qualify.

You can also find a private lawyer to create your will by contacting the Vermont Bar Association’s Lawyer Referral Service at 1-800-639-7036.

Wills

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