A Vermont last will and testament is a legal document that allows the testator (person to whom the will belongs) to communicate their wishes with regard to the distribution of personal, fiduciary, or real property upon their death. Wills ensures all property left behind will be properly dispersed in accordance with the testator’s instructions among family, friends, domestic partners, charities, or whomever else the testator names as a beneficiary. Under Vermont law, a will document must be signed by the testator before two (2) or more competent witnesses; both witnesses must also sign the document in order to legally executed. This document may be revoked or changed at the will of the testator.
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Laws
Definition – (14 V.S.A. § 5) – “Will” means a written will executed pursuant to the requirements of Title 14.
Signing Requirements (14 V.S.A. § 5) – Shall be signed by the Testator and by two (2) or more credible Witnesses in the presence of the Testator and of each other.
Statutes – Title 14: Decedents’ Estates And Fiduciary Relations
(Video) How to Make a Will in Vermont
How to Write
Step 1 – Establish the testator by simply entering their full name into the top line of the form. Enter the following:
- Testator’s name
- City and County of residence
- Review remaining information in the paragraph
- Review the section “Expenses and Taxes”
Step 2 – Appointing an Executor – Enter:
- The name of the executor the testator has selected
- City
- County
- State (where the executor resides)
Providing a second executor would be an important aspect that should be considered by the testator. This would alleviate any problems should the initial executor be placed into a situation whereas they are unwilling, unable or unavailable to execute the contents of the document upon the death of the testator. Should the testator decide to select a second executor, provide the following information:
- Name of the alternate representative
- Enter the City
- Enter the County
- Enter the State in which the alternate resides
Step 3 – Disposition of Property bequeathed to Beneficiaries
Beneficiaries – Enter the following:
- Full name
- Current addresses for all beneficiaries
- Describe the relationships between the beneficiaries and the testator
- Enter the last four digits of the Social Security Number for all persons named as beneficiaries
- Enter a list of property that the testator shall provide for each beneficiary
Step 4 – Testator should review all of the following titled sections:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Witnesses/Signatures – All who shall serve as a signatory must be present one with another for the signing of the document. All must enter:
- The name of the testator
- Date testator’s signature – dd/mm/yyyy
- Testator’s own signature
- Testator’s own printed name
Witnesses – Witnesses should review the brief statement – enter
- The date of all signatures
- Name the testator
Witness 1 –
- Signature
- Address
Witness 2 –
- Signature
- Address
Step 6 – Affidavit of Testament – All signing parties must review the affidavit, then enter:
- Their State
- Their County
- Name of the testator
- 1st witness’ name
- 2nd witness’ name
- AND
- Testator’s signature
- Signature of 1st Witness
- Signature of 2nd Witness
Step 7 (Optional) – Notary- As the testator completes the document, all signatures shall be witnessed by a commissioned notary public of the state.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF