Kinds of Wills | Estate Planning & Probate Articles

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Kinds of Wills


Simple will: A will that provides for the outright distribution of assets for an uncomplicated estate.

Testamentary trust will: A will that sets up one or more trusts for some of one’s estate assets to go at the time of death.

Pour-over will: To prevent the creation of an intestate estate, a pour-over will is created to catch any property which had been (intentionally or inadvertently) left out of the Trust at the time of one’s death, for example a car. Holographic will: A will that is handwritten without witnesses present.

Oral will (sometimes referred to as a nuncupative will): A will that is spoken.

Joint will: A joint will is a will that two people make together, each leaving all their property and assets to the other. When one of the two passes away, the joint will ensures that their property and assets pass on to the other. The will also stipulates what will happen with those assets when the second person dies.

Living will: Not really a will at all--since it has relevance while one is still alive and doesn't dispose of property. A living will communicates whether the testator desires life support in the event of terminal illness as a result of accident or illness and cannot be restored to consciousness.

Video Will: Thanks to technology, some people have chosen to read their will and explain why certain gifts were made and others not made. A video will makes it hard for the will to be contested seeing that the video provides compelling proof that the person making the will was mentally competent.