Statutory Will

A statutory will is a last will and testament (“will”) which is drafted and executed according to a form which is specified in the state’s statute in which the will is made.  Presently, the states of California, Michigan, Maine and Wisconsin all offer a statutory will. 

How a Statutory Will Works

The statutory will is strict and rigid; failure to conform to the exact format and language may result in the document’s ineffectiveness.  Generally, a statutory will is limited in purpose due to its inflexibility. This form of will may be useful for very small estates, where the testator (who is the person making his or her will) has limited assets.  Statutory wills are never utilized in conjunction with sophisticated estate planning and large estates.  The statutory will form is relatively similar in those states which have the statutory form.  Generally, the form is a “fill in the blanks” template.  The testator must complete their name and address, in addition to a description of the property which will be disposed of pursuant to the will.  There are options which can be selected by the testator, simply by checking the appropriate box.  The statutory will must be witnessed by at least two disinterested individuals, and all signatures must be notarized.

Legal Help

When one utilizes a statutory will, one must exercise extreme caution to strictly abide by the language and elements of the will document.  A failure to follow the statutory will may result in the voidance of the entire will document.  Since the statutory will is not an appropriate estate planning document for all people, it is always a good idea to consult with an experienced estate planning attorney in order to ascertain the most appropriate estate plan based upon your own wishes and circumstances.