The Missouribar – 2020 Lunch Break Legal Basics: Drafting a Basic Will

Wills are the fundamental building blocks of estate planning.  In order to draft an effective will for clients, practitioners need to have a strong understanding of the technical requirements for drafting a valid will as well as an understanding of the statutory default rules that may be altered by the will.  The primary focus of this presentation will be on key provisions of a will that practitioners should discuss with their clients and include in their wills.  This presentation will also provide practitioners with an overview of the technical requirements for a valid will, a brief overview of the probate process, and, if there is time, a brief discussion of non-probate transfers.  Although this program is entitled “Drafting a Basic Will,” and a majority of the program will be dedicated to understanding the key components of a will, it is important for practitioners to understand the interplay between the will, the probate process, and the transfer of non-probate assets.

Key Points

1. Who are the Parties to a Will?
2. Proper Execution of a Will (including the Self-Proving Affidavit)
3. Key Provisions of a Will
4. Overview of Probate Process
5. Non-Probate Transfers