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Understanding Different Types of Wills in Washington State: Electronic, Mirror, Joint, and Mutual

Updated: Mar 16, 2023



Electronic Wills: The Future of Estate Planning


In today's digital age, more and more aspects of our lives are going digital. Now, even our last will and testament can be created, stored, and transmitted online through electronic wills, also known as e-wills.


Electronic wills are fully written online, from start to finish, and use electronic signatures in place of traditional wet signatures, eliminating the need for hard copies. With digital documents, e-wills can be easily accessed and stored online, making it more convenient for individuals to manage their estate planning.


Recently, the Washington Uniform Electronic Wills Act has made it legal for Washington residents to execute digital wills. Prior to this, Washington wills were required to be a physical paper document signed by the testator in the presence of two witnesses. This new legislation provides a more modern and accessible way of creating a will for Washington residents.


Mirror Wills: What You Need to Know


Mirror wills, also known as reciprocal wills, are a type of will created jointly by two individuals. Typically, these individuals are spouses, domestic partners, or significant others. The wills are virtually identical in terms and are meant to mirror each other's wishes. Mirror wills usually appoint the other testator as the personal representative and name the same alternate personal representatives in the event of simultaneous death. They also leave all of the testator's property to the other testator and name the same contingent beneficiaries in the event of simultaneous death. Additionally, they appoint the same guardians and custodians for any minor children that the testators have in common.


It's important to note that if the first testator dies, the surviving testator has the power to revoke the mirror will and draft a new will. This is why it's important to consider other options such as mutual wills or a trust, especially for individuals with more complicated estates.


Joint Wills: Pros and Cons


A joint will is a will created by two testators that combines their wishes into a single document. In Washington State, joint wills are legally permitted, but there are pros and cons to consider.


On the plus side, joint wills can be easier for spouses to manage since they only need to keep track of one document. However, there may be issues if the testators decide to make changes to the will or if they pass away at different times. It's important to speak with an attorney to determine if a joint will is the best option for your particular circumstances.


Mutual Wills: What You Need to Know


A mutual will is a legal document that specifies how the property of two testators will be distributed after they die according to an agreement between them. Mutual wills can be combined into one document, just like joint wills. One key difference is that a survivor who elects to take property under the provisions of a mutual will is obligated to honor the disposition of that property as specified in that mutual will.

If you and another person intend to make mutual wills, it's important to ensure that your shared intentions are clearly expressed in the wills to reduce the likelihood of litigation. A mutual will can be a good option for individuals who have a strong agreement on how they want their assets distributed.


Conclusion


Estate planning is an important process that everyone should undertake, regardless of age or wealth. With the introduction of electronic wills, mirror wills, joint wills, and mutual wills, individuals now have a range of options available to them when creating their last will and testament.


It's worth noting that there may be other types of wills or estate planning tools that could be applicable to specific situations or circumstances. For example, some people may choose to use a living trust as their primary estate planning document instead of a will. It's always a good idea to consult with an experienced estate planning attorney who can help you understand your options and create a plan that is tailored to your unique needs and goals.

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