Legal Question in Wills and Trusts in Washington

Online wills

If we (married couple, minor children) download and fill out a mutual will, how is it legally binding. Do we then take it to an attorney for review for it to be legal.


Asked on 7/26/07, 12:09 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Online wills

A will becomes valid when you sign it and have it properly witnessed and acknowledged. It has no effect until you die.

Once you are dead, the will 'speaks' by operation of law.

There is no way to tell whether the will you found complies with WA law as it is written, and no way to tell if you have observed the formalities so as to make it effective without reviewing the will.

So it isn't that the attorney's review makes it legal, it is that the attorney can see if you are signing what is appropriate, make sure you sign it effectively, and that it does what you expect it to do, and if the attorney is wrong you have recourse.

If the internet form is wrong you cannot sue anybody.

Most attorneys will cheerfully write a will for you for a very minimal cost. I also prepare durable Powers of Attorney and health care directives, and if you have minor children you also need a trust and to nominate a guardian for the children, as they are not property and cannot be willed.

You don't say where you are, so don't hesitate to contact your County's Bar Association for a referral to a seasoned estate planning attorney.

Hope this helps. Elizabeth Powell

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Answered on 7/26/07, 1:17 pm


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