Attorney-Approved Last Will and Testament Form for Missouri State

• Misconception 1: A will must be notarized to be valid in Missouri.

  Many people believe that a will needs to be notarized to be legally binding in Missouri. This is not true. While notarization can help prove the authenticity of a will, it is not a requirement. A handwritten or typed will can still be valid if it meets the state's requirements.

• Misconception 2: You can’t change your will once it’s made.

  Some individuals think that once a will is created, it cannot be altered. In reality, you can change your will whenever you need to. You can create a new will or add amendments, known as codicils, to update your wishes.

• Misconception 3: Only lawyers can create a valid will.

  It’s a common belief that only attorneys can draft a valid will. However, anyone over the age of 18 who is of sound mind can create their own will. While it’s often advisable to seek legal help, it’s not a strict requirement.

• Misconception 4: All assets must be included in a will.

  Some people think that every asset they own must be listed in their will. This is not the case. Certain assets, like those held in a trust or designated beneficiaries on accounts, do not need to be included in the will.

• Misconception 5: A will takes effect immediately after it is signed.

  Many believe that a will goes into effect as soon as it is signed. In reality, a will only becomes effective after the individual passes away. Until that time, the person can change or revoke the will as they see fit.

When filling out the Missouri Last Will and Testament form, it is important to follow certain guidelines to ensure the document is valid and accurately reflects your wishes. Here are eight things to do and avoid:

• Do clearly state your full name and address at the beginning of the document.
• Do list all beneficiaries by their full names and relationships to you.
• Do specify how you want your assets distributed among your beneficiaries.
• Do sign and date the will in the presence of at least two witnesses.
• Don't use vague language that could lead to confusion about your intentions.
• Don't forget to update the will if your circumstances change, such as marriage or divorce.
• Don't include any provisions that are illegal or against public policy.
• Don't assume that a verbal agreement or understanding will be recognized; everything should be in writing.

• Living Will: A living will outlines your wishes regarding medical treatment in case you become unable to communicate. Like a Last Will and Testament, it provides guidance on your preferences, but it focuses on health care decisions rather than asset distribution.
• Durable Power of Attorney: This document allows you to appoint someone to make decisions on your behalf if you become incapacitated. Similar to a will, it ensures that your wishes are respected, but it specifically pertains to financial and legal matters rather than your estate after death.
• Trust: A trust is a legal arrangement where one party holds property for the benefit of another. Both a trust and a will help manage your assets, but a trust can take effect during your lifetime and can help avoid probate, while a will only takes effect after death.
• Advance Directive: An advance directive combines a living will and a durable power of attorney for health care. It guides medical decisions and appoints someone to make those decisions, similar to a Last Will and Testament, which directs how your assets are handled after you pass away.
• Letter of Instruction: This informal document provides guidance to your loved ones about your wishes and preferences. While a Last Will and Testament is a legal document for asset distribution, a letter of instruction can cover everything from funeral arrangements to personal messages.
• Beneficiary Designations: Certain accounts, like life insurance policies or retirement accounts, allow you to designate beneficiaries. This is similar to a will in that it dictates who receives your assets, but it operates outside of probate and is often simpler to manage.
• Codicil: A codicil is a legal document that modifies an existing will. It allows for updates or changes without creating an entirely new will, maintaining the original document's validity while adapting to new circumstances, much like a will itself.