This form assists you in the creation of
a Simple Will for Maine.
It is called a simple will because it only deals
with the more common and less complex types of arrangements and decisions
which you may make in a will.
There is no attempt to assist with all of the complex decisions, such as trusts, tax considerations and complex
estate planning
arrangements which might be included in a will.
Simple does not mean you can complete a will without effort and time.
However, it does mean for most people that you can understand what needs to be done and how to do it if you spend a reasonable
amout of time and effort in reviewing the law and options; and, in making decisions.
A Simple Will is always better than having no will or estate plan.
It is adequate for most people not having large amounts of property or money.
This form only allows distribution of a testator's property in limited ways.
It allows for a guardian and alternate guardian for minor
or incapacitated children,
an incapacitated spouse,
or others.
It is possible to make complex distribution arrangements and complex guardianship arrangements — this form
does not provide for these situations.
If there are complex situations, or unanswered questions in reviewing the information in this form,
you should consult an attorney to receive appropriate direction and advice.
A will allows a testator (also called a testatrix if female) to dispose of money or property belonging to the testator to become effective upon death.
In this form, the term Testator is used regardless of gender, and means the person making or signing a will and for whom a will is being created.
The correct title is placed in the document created.
At the time of making a will, a testator must be an
adult,
mentally competent, of sound and disposing mind and memory, and not acting under any
fraud, duress or undue influence.
This means that the testator must understand what decisions are being made in the will, comprehend the consequences
of those decisions, and voluntarily agree to the decisions.
That agreement must be without anyone unduly forcing or pressuring the testator into making the will or the decisions made in the will.
When making a will, it is also good to think about and decide related questions,
including funeral arrangments, interment, cremation,
and other end of life decisions including a living will and
a durable power of attorney or proxy to make health care and other decisions.
A Living Will is used to make end of life
decisions in the event a person becomes terminally ill.
One of the greatest problems for family members is knowing what a person wants for themselves.
It is good to make all these decisions before family members are faced with difficult choices.
Except for living wills and
powers of attorney,
which must follow statutory requirements,
a letter written in the testator's own hand writing is a preferred way to make these decisions known to family members
or others who must carry out those decisions.
If there are
minor or incpacitated children,
an incapacitated spouse,
or other incapacitated persons,
a will may nominate a guardian for those persons
The guardian nominated must be approved and appointed by a court.
Unless there is a problem, the nominated guardian is usually approved.
A child over the age of
fourteen (14) years,
may object to the appointment by the court of a guardian in a will for that child.
Before selecting a guardian in a will, make sure the guardian agrees to serve as a guardian and talk to any older children
about the guardian you select. A frank family discussion should occur to help lessen children's normal fears.
It is a great responsibility to raise children.
A guardian would normally be a close family member or friend who is trusted without reservation.
Probate is a court proceeding dealing with what happens to a person's estate (money and property) and who cares for minor
or incapacitated
children after a person's death.
A will is binding and followed when the testator dies. A will may be revoked (cancelled and made of no effect) or modified
at any time while a testator is competent. Similarly a new or replacement will may be created at any time.
A new will should be considered
if there are changes in the testator's life including, as examples only, a large change in financial condition, a divorce, the death of a
spouse or child, a marriage, a change in desires as to how or to whom money or property is to be given,
or changed circumstances requiring a different guardian.