Will Drafting and Execution Checklist (16:App B)
This checklist will help ensure students have considered and dealt with all relevant factors when drafting a will. The checklist is not a substitute for a thorough reading of appropriate sections of the Manual.
- Is there a competent Will-maker (testamentary capacity, age)?
- Were instructions properly taken? Do directions received represent the Will-maker's true wishes?
- Are there any previous subsisting wills or codicils?
- Is all property adequately dealt with? Have the Will-maker make a list of assets and any obligations that may bind the estate (agreements, guarantees, etc.).
- Is there a proper revocation clause, and a clause confirming that this is the last will?
- Have a suitable Executor and alternative Executor been appointed?
- Has a 30-day survivorship clause with alternate beneficiaries been included?
- If minor children are or may be involved, is a proper trust created with a Trustee and a guardian appointed? Note: if the client wants to create a trust for a child, refer the client to a private lawyer.
- Are all beneficiaries properly identified with proper name, whether adopted, etc? Is a common law spouse or stepchild properly described?
- Does the will properly deal with an existing separated legal spouse or a divorced spouse?
- Is there any provision made for the client’s spouse(s) and children? Is it adequate? If not adequate, is there a statement of the Will-maker’s reasons for not making adequate provisions or an explanation why the Will-maker feels the provision made is adequate? Note: if the client wishes to inadequately provide for his/her spouse(s) and children, refer the client to a private lawyer.
- Is the will, as a whole, internally consistent? Are mistakes and alterations properly dealt with?
- Is marriage imminent, or has marriage occurred since the Will-maker’s last will?
- Has there been proper execution followed by proper attestation by disinterested witnesses? Has the will been dated and have the Will-maker and witnesses initialled the bottom of each page? Is each page identified as the X page of the Will-maker’s will?