Homepage / Last Will and Testament

Close up of a will with pen on top

Last Will and Testament Attorneys in Oregon

A last will and testament is a vital element of estate planning. At Johnson and Taylor, our estate planning lawyers can help you draft a will that protects your legacy and your loved ones’ interests. In addition to creating a last will and testament, we can take a comprehensive look at your circumstances and assist you with other important estate planning documents like powers of attorney, trusts, and more.

What is a Will?

A will is a legal document that outlines your instructions for how your property will be distributed and managed after your death. Our estate planning lawyers are well-versed in drafting wills for clients of all ages, backgrounds, and financial circumstances. We ensure all important information is included in your last will and testament, which gives you peace of mind and makes things easier for your family at a difficult time.

What is in a Last Will and Testament?

In addition to specifying how your assets are distributed, your will enables you to name a personal representative for your estate, designate guardians or conservators for your children, provide for your pets, offer direction on how taxes will be paid, and make specific gifts to family, friends, or charities.

Even if the majority of your assets are in a living trust, a will serves as a backup that can make your wishes clear to the probate court and your personal representative. However, a will is not a legal tool for reducing taxes and other benefits of a living trust. Our estate planning attorneys can advise you of the best way to protect your assets and maximize your beneficiaries’ inheritance.

Does a Will Avoid Probate in Oregon?

No. A will should be filed with the probate court after your death. However, without a will, the probate process can be complicated. Having a last will and testament can save your loved ones time, money, and headaches. Our probate lawyers can help you understand how probate works in Oregon and assist you with the process every step of the way.

What are the Legal Requirements for a Will in Oregon?

Knowing how to write a last will and testament so it adheres to the law is vital. Generally, for a will to be valid under Oregon law it must be:

  • In writing
  • Signed by the testator (creator of the will)
  • Signed by two adult witnesses to attest to the signing of the will

You must be at least 18 years old and of sound mind to write a will in Oregon. If you are an emancipated or married minor, you may make a will before turning 18. Although a will does not have to be notarized in Oregon, if you want it to be self-proving, a notary is required.

A self-proving will can be accepted by the probate court without contacting the witnesses who signed it, which can expedite the probate process. A will that was created in another state is valid in Oregon as long as it was written according to the laws of that state. Our estate planning lawyers are well-versed in all legal requirements of a last will and testament in Oregon. We’re happy to answer questions or address any concerns you have about the legality of your will.

Should I Update My Will?

It’s important to keep your estate plan up to date, especially after life events like the birth of a child, marriage, divorce, or change in financial circumstances. You can change your will at any time and should review it with your estate planning attorney at least every three years.

Why You Need an Estate Planning Attorney to Write Your Will

There are many do-it-yourself websites that claim you can write a legally sound will by yourself, but creating a will without the guidance of an experienced estate planning lawyer can be disastrous. There are many scenarios you may not have even imagined that can affect the distribution of your estate and have a negative impact on your loved ones.

Our Oregon estate planning attorneys provide an objective perspective you can trust when it comes to choosing an executor, maximizing your assets for beneficiaries, and including important details specific to your situation. You can count on our compassionate, dedicated legal team to provide the exceptional legal services and representation you deserve.

Contact Our Estate Planning Attorneys in Salem, Oregon

At Johnson and Taylor, our wills and trusts lawyers help clients create estate plans that protect their interests and ensure their families are well taken care of. If you need assistance with drafting a last to schedule a consultation with an estate planning attorney in Oregon today. Our divorce and family and estate planning and probate lawyers serve clients in Marion, Polk, and Linn County and surrounding communities. Members of our team are fluent in Spanish.