In a last will and testament, you expressly state what assets you own and to whom you intend to leave these assets. The effect only takes place after death. A will should name a personal representative who will handle and manage your estate after you die. Whenever you have minor children, you should name someone to act as their guardian. You should also name a secondary guardian in case your primary choice cannot care for your children.

Under the laws of Washington, D.C. every will must conform to the following standards:

• Be in writing
• Be signed by the testator (i.e., the person who is executing the will) or a person under the direction and in the presence of the testator
• Have attesting witnesses present to verify that this is the last will and testament of the testator and that they signed the document

It can be intimidating to think about writing your will. FindLaw’s attorneys made the process simpler and easier. Using FindLaw’s DIY tool, you can begin the process of creating a Washington, D.C. will.

Estate plans do not only include a last will and testament. Although a will is very important, and everyone should have one, a complete estate plan should also include a living will and advance directive. These are documents that can appoint a person to make decisions regarding your medical treatment in the event of your incapacity. In a document like a living will or advance directive, you can direct your family on whether you want life-sustaining treatment options.

“Testamentary capacity” refers to the testator’s mental ability to create and sign a legal document that distributes their property and names guardians for their minor children at death. Courts have recognized several ways for a plaintiff to prove testamentary capacity was not present when the will was executed, including that a testator did not know the extent of their estate or who would receive their estate if they left no will.

Yes, you can revoke a last will and testament. Since provisions of a will do not take effect until after your death, you are able to make changes to the will until your death.

In Washington, D.C. you can revoke your will by:

• Destroying the will (i.e., burning, tearing, etc. )
• Making a new will that expressly revokes the previous will

It is important to note that, if you revoke your previous will but never write a new will, your property will pass via intestate succession in Washington, D.C. Additionally, if you divorce your spouse, your previous Washington, D.C. last will and testament will be automatically revoked entirely. Make sure that you keep your last will and testament updated.