$1 Form Makes It Easier to Write Will
Hundreds of thousands of Californians have purchased a short, fill-in-the-blanks form to make it easier to plan for their deaths.
The form, designed by the State Bar of California, is used by state residents to write their own wills.
In 1982, the Legislature enacted a first-in-the-nation program aimed at reducing the large number of Californians who die without wills. It authorized use of the form, known as the “statutory will,” recognized by the courts.
“The program has been a success,” said Patricia Lerman, an attorney who serves as the Bar’s community education director.
Bar Sells Forms
Since the do-it-yourself wills became available in March, 1983, she said, the Bar has sold more than 300,000 forms costing $1 each. Lerman said Californians also have purchased such forms at stationery stores and other outlets.
“Many people in California do not have wills because making one can be emotionally trying,” Lerman said. “There is also a fear of dealing with what is perceived of as a complicated legal matter.
“The statutory will demystifies the process by offering a multiple-choice approach to will making. It lists the issues you need to think of: Who will get your car, furniture and other personal items? To whom will you leave the rest of your property--your children, spouse?”
The form is designed for use by Californians who are parents or married and have modest estates. “These are people who normally wouldn’t go to an attorney for anything,” she said.
Not for Singles
The form is not designed for use by single people and people with vast and complicated holdings. However, Lerman said, she hopes legislation can be passed to authorize a form tailored for single individuals.
There are two statutory form wills: standard and trust.
The standard will allows a person to make one specific gift of cash to a named person or charity and to leave the rest of the estate to a spouse or children.
The trust will does the same things plus permits the naming of a guardian for minor children if the parents die. The guardian uses the estate proceeds for the support and education of the children until they become 21. At that time, they receive their share of the estate.
The form states that if a person does not understand any of its provisions, a lawyer should be consulted.
No Legal Challenges
Lerman said she knows of no legal challenges to the will form, which underwent a minor revision a year ago to clarify several sections.
The Bar sought the statutory will legislation after a survey several years ago showed that 43% of all California adults had not drawn up wills and 68% of adults with minor children had no wills.
Under state law, the property of people who die without a will passes to specific blood relations.
State law permits Californians to write their own wills in their own handwriting if they sign and date them.
The forms can be ordered from the Bar by sending a self-addressed stamped envelope and a $1 check or money order, payable to the State Bar of California, to Will Forms, Box 411, San Francisco, Calif. 94101. A note specifying standard or trust form must be enclosed.
