Minnesota Wills & Trusts | What to expect when you formally execute your Will

After youve met with your Minnesota estate planning attorney to decide how to use your Will to transfer all of your funds and property to your beneficiaries, youll need to return to his office later to sign everything.

Fortunately, all of the hard work has been done and youll be given the chance to carefully read through your Will once more, to be sure it states exactly what you requested and meets all of your needs.

However, there are still some general legal matters that must be addressed in front of witnesses, who are usually members of your attorneys office staff. Heres a simple list of the types of questions youll be asked, along with one or two extra ones that may be posed to you in private if youre accompanied by one or more family members.

Common Questions & Activities While a Will is Being Executed

Verification of your name and identity in regards to the Will youve been handed. Youll be asked to state your full legal name and to confirm that the document youve been handed is your most recent Will, rendering all earlier Wills (if any) invalid;
Testamentary intent and capacity. Youll be asked to confirm that you are currently of sound mind and that its your intent to use this new Will in front of you to convey all of your property and funds to named beneficiaries upon your death;
Your attorney will now ask you to carefully read through your Will, making sure it contains all of the special provisions you requested. If you have asked your attorney to create one or more trusts, youll be asked to read over those documents as well;
Questions regarding any possible undue influence. Most responsible lawyers will ask any family members who are with you to step out of the room while youre asked some specific questions. This is especially important if youre much older and theres any chance that a family member or other caregiver may have tried to force you to include him/her in your Will or to be given more than you actually wanted to give that person. When everyone else returns to the room, your attorney will simply state that he was just confirming that all gifts set forth in the Will were chosen by you;
Youll be asked to confirm whether youre requesting that any new additions or deletions be made in the Will (and or other documents) presented to you. Take your time, since this is one of those moments when you must carefully read over every paragraph. If you need changes made, theyll normally be handled rather swiftly and then an assistant will print up a new and revised Will for your approval while youre there;
Witnesses to your Will. You will be asked to confirm whether or not you approve of having each person present (usually your lawyers staff members) serve as the formal witnesses to your Will. Keep in mind that you will normally cannot have any beneficiary of your Will sign as a witness;
Initialing each page of the Will and signing your full name to the last page (and to the other documents present, if any). Its now time for you to carefully initial each and every page of your Will. Note: Blue ink is commonly used so that all subsequent parties who review the Will can know that this is the original and not a copy;
Having a Will will not necessarily avoid probate. It is important to note that, in many cases, having a Will does not mean you will avoid a Minnesota probate. You should consult with a lawyer if you have questions about this.
Each witness will be asked to sign and date the Will (and other documents) after you do;
Youll usually be given the option to keep the original copy of the Will or have your lawyer keep it locked up in his office. Most attorneys prefer that you take the original with you since your family members (or your appointed personal representative) may need it right after you pass away which could be at a time when your lawyer is out of town on business;
Finally, youll be asked how many copies youll need of the fully executed Will (and other documents) to take home with you. Youll also be reminded to keep your Will in a safe place. Its often best to keep your Will in an easy to locate place, and to possibly give copies of it to your closest family member if you live alone, or to a trusted friend.

Normally, the entire process of executing your Will should take less than a half hour or slightly longer if you need to obtain any corrections. Prior to leaving, youll be reminded of any new life events that may make it necessary for you to update your Will at a later date.