How Wills Work, Part One

By Doug Casarella – St. Louis, MO Attorney and LegalBuffet.com writer

Although the idea of writing a will is something that most everyone will consider at some point in their lives, many people until that point would have never seen one. If asked, they might answer that they sort of know how one begins, “I so-and-so, being of sound mind and body…” but few no what one is supposed to really look like. This article will attempt to briefly describe the general shape a will has, so that when you either create one yourself or sit down with an attorney, you will have an idea of what the end point will be. As such, we will avoid handwritten wills and oral wills, as they are treated differently (and not always honored, which is why it is so important to make a formal will).

Exordium Clause: The first part of the will is generally referred to as the exordium clause. This is where the famous phrase above is usually placed, in some fashion. You identify who you are and what this document will do.

Debts and Expenses: Next, you will want to set out instructions for how to pay out your final tax liabilities. Benjamin Franklin was right about death and taxes. Uncle Sam gets first cut, no matter what. Unless you have a large estate subject to the estate tax, most likely this will be instruction on the payment of your last federal income tax.

Family: After that you need to list who your family is at the time the will is made. This is important so that you can establish that you did not forget anyone and leave yourself open to a will contest (if there was someone you meant to exclude).

Tangible Personal Property Disposition: In Missouri, the law allows you to create a list separate from the general will setting out who gets your small tangible personal property. This list could include who gets the china set, the grandfather clock, etc.

As you can already see, there’s quite a bit that goes into making a will. In part two of this article, we will look at the remaining sections of the basic will.

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