What is a Simple Will?

A simple will is an estate-planning document that can be as short as a single page.  For example, a will that leaves all of a person’s assets to his spouse, if she survives him, or to his child if his spouse predeceases him is a common simple will.  While specific requirements vary a bit according to state law, in order for any will to be valid, the will generally must be in writing, on a typed or pre-printed document, and it must be signed by the testator, who is competent to do so, in front of witnesses.  If the testator is unable to sign the document, then the document must be signed by another person at the testator’s direction.  In any case, the testator’s signature must be witnessed and/or notarized in order for the will to be legally valid. 

Executing a Simple Will

A properly executed will remains in effect until another will is formally executed, or until it is formally and legally revoked by the testator.  However, many testators revise their wills not by entirely revoking the original will, but by simply executing an another document that adds to the original will, or a codicil.  In many cases, a will appoints or designates a personal representative, whom is often referred to as an “executor”, to carry out the wishes stated in the will.  For example, in a simple will, a testator may designate his spouse as the personal representative, or, in the event that the spouse predeceases him, a child.  While a personal representative need not be a relative of the testator, he or she typically is a relative in most circumstances. 

Do You Need a Lawyer?

While a simple will is one of less complex types of estate planning mechanisms, all states have different laws that strictly govern the legal validity and requirements for wills.  Therefore, what is a legally binding will in one state may be completely invalid in another state.  In order to ensure that a probate court in your jurisdiction will accept your will as legally valid and binding, you should consult an experienced estate planning attorney in order to assist you in drafting any sort of will or other estate planning document.