How to Make Vermont Last Will and Testament

Creating a Will can be daunting, but it's an essential part of planning for the future. If you're a first-time executor and reside in Vermont, this guide Will help you quickly navigate the process.

We'll break down the steps in creating a Will, ensuring you understand each stage clearly.

So let's get started!

But first, let's see why you should make a last Will and what may happen if you don't.

Why Make a Vermont Last Will and Testament?

Here's why you must make a last Will in Vermont:

You can decide who gets your real and personal property.
You can nominate an executor to manage your estate.
You can appoint a guardian for your minor children.
You can name someone to manage the property you leave to minor children.
You can name a personal representative to handle your affairs if incapacitated.
You can ensure your property goes to the people or organizations you choose.

What if You Don't Make the Last Will?

If you haven't created a Will, your estate is considered "intestate," which means that Vermont's intestacy laws Will come into play. These laws dictate how your assets Will be distributed if you pass away without a valid Will.

According to these laws, if a spouse survives you, they Will inherit half of your estate. The remaining property Will be passed down to your children, parents, or siblings. However, your surviving spouse would inherit the entire estate if you have no descendants, parents, or siblings.

It is essential to understand that you lose the ability to control your asset distribution according to your wishes by not having a valid Will. It is crucial to establish a valid Will in Vermont to ensure that your estate is distributed as you desire and to prevent the application of intestacy laws.

Creating a Will lets you outline how you want to distribute your assets. It allows you to name beneficiaries, appoint an executor, and make specific bequests or charitable donations.

By creating a last Will, you can have peace of mind with the assurance that your estate Will be handled as per your wishes.

Requirements of Last Will and Testament

Mental Capacity: The testator must be mentally sound.
Signature: The Will should bear the testator's signature or be signed by someone acting under their direction and in their presence.
Witnesses: Two competent witnesses must sign the Will in the testator's presence, either after the testator signs it or acknowledges it in their presence.
Hard copy: You must make a hard copy of your Will. It cannot be on audio, video, or any other digital file.
Beneficiaries: With your Vermont Will, you can designate anyone you want as beneficiary of your assets.

Steps to Make a Will in Vermont

Determine Your Assets and Debts

Before creating your Will, take inventory of your assets and debts. This includes real estate, bank accounts, investments, personal belongings, and outstanding loans or debts.

Having a clear understanding of your financial situation Will help you make informed decisions about how you want your assets to be distributed.

1. Choose an Executor

Choosing the right executor is very important. An executor is in charge of taking care of your assets, paying off your debts, and giving them to the people you want.

Appoint someone you trust and who can take care of these tasks. You can choose someone in the family, a friend, or a professional.

2. Drafting Your Will

There are a few ways to make a Will. You can talk to a lawyer who specializes in estate planning, use online software to create a Will, or write a handwritten Will, which is also called a "holographic Will."

It's always advisable to seek legal advice. Working with an attorney ensures that your Will is legally sound and reduces the chances of errors or omissions.

3. Include Essential Information

When drafting your Will, make sure to include the following essential information:

Your full name, home address, and birth date
Declaration that the document is your Will
Appointment of your chosen executor
Guidelines for distributing your assets and personal effects
Guardianship arrangements for minor children, if applicable
Any specific bequests or charitable donations you wish to make

4. Witness and Sign Your Will

For your Will to be legally valid in Vermont, it must be witnessed and signed correctly. Make sure they aren't interested witnesses. The state requires at least two witnesses who are not beneficiaries or spouses of beneficiaries named in the Will.

The execution of the Will shall be in the presence of the testator (the person making the Will) and the witnesses thereto.

5. Safely Store Your Will

Once your Will is signed, store it in a safe and accessible place. Inform your chosen executor about the location of the Will, or consider entrusting it to an attorney or a bank's safe deposit box. It's crucial to keep the Will in a secure place to prevent tampering or loss.

6. Periodically Review and Update Your Will

Life circumstances and asset distribution preferences can change over time. So, it's essential to review your Will periodically, especially after significant life events like marriages, births, divorces, or the acquisition of new assets. Make updates as needed to ensure your Will accurately reflects your wishes.

How to Update or Revoke a Last Will

Evaluate the Changes Needed

Carefully assess the modifications you want to make to your Will. Consider if you need to update specific bequests, change your executor, add or remove beneficiaries, or make alterations to the distribution of your assets. This evaluation Will help you determine the scope of the changes required.

Choose the Appropriate Method

You have a few methods for updating or revoking a Will:

a) Codicil: It is a legal document to make minor amendments to an existing Will. It must be signed and witnessed just like a Will and should clearly reference the Will it is modifying.

b) Revocation by Physical Act: You can revoke your Will by physically destroying or canceling it. This can be done by burning, tearing, or any other way of obliterating the document with the intent to revoke it.

c) Create a New Will: If the changes you wish to make are significant or numerous, it may be best to develop a new Will that supersedes the previous one. Ensure the new Will explicitly states that it revokes all prior Wills and codicils.

Consult an Attorney (Recommended)

While it is possible to update or revoke a Will without legal assistance, consulting an attorney specializing in estate planning is a good idea. An attorney Will ensure that your changes comply with Vermont state laws and help you avoid any potential legal complications.

Execute the Changes Properly

Regardless of the method chosen, it's essential to follow the legal requirements for executing changes to your Will:

a) If making a codicil, do so in the presence of at least two witnesses who are not the beneficiaries or spouses of the beneficiaries named in the codicil before signing and dating the document.

b) If revoked by physical act, destroy the original Will with the intention of revoking it. Ensure that witnesses are present to observe the act.

c) If creating a new Will, follow the steps mentioned above, including signing, witnessing, and storing the new Will appropriately.

Safely Store the Updated or Revoked Will

After making changes to your Will, store the updated or revoked version in a secure location. Inform your executor or trusted individuals about the whereabouts of the revised document, or consider entrusting it to an attorney or a bank's safe deposit box.

Communicate the Changes

To avoid confusion and potential disputes, inform your executor and any affected beneficiaries about the updates or revocation of your Will. Open and honest communication Will help ensure everyone knows the changes and understands your intentions.

Vermont Probate Process

Probate is a court-supervised process that verifies your Will (if you have one) and gives the go-ahead to your named executor to give out your property and belongings.

Proving in probate court that a deceased person's Will is valid (usually a routine matter): This is the process of verifying that the Will is legally valid and can be legally executed.
Identifying and inventorying the deceased person's property: This involves identifying all of the deceased person's assets and property.
Having the property appraised: This is the process of determining the value of the deceased person's assets and property.
Paying taxes and debts: This means paying off any debts and taxes that the person who died owed.
Giving away the rest of the property: This is the process of giving away the rest of the assets and property based on what the Will says to do.

Updated on: June 6, 2023