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Oregon Mutual Wills Package with Last Wills and Testaments for Married...

Oregon Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children

Category:

Wills - Mutual Wills for Married Couple

State:

Oregon

Control #:

OR-WIL-01459C

Format:

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What is this form?

The Mutual Wills Package with Last Wills and Testaments is designed specifically for married couples who have minor children. This package provides essential legal documentation that designates how your property will be divided upon death, ensures care for your children, and appoints a personal representative to oversee the estate's distribution. Unlike individual wills, mutual wills often contain provisions ensuring that the terms agreed upon between spouses remain in effect, providing additional peace of mind for families. This tailored package includes two wills, one for each spouse, along with comprehensive instructions for completion.

What’s included in this form

Appointment of personal representative or executor for estate management.
Designations for property distribution among surviving spouse and children.
Establishment of a trust for minor children's inheritance.
Provisions for appointing a guardian for minor children in case both parents pass away.
Specific bequests for memorable or significant items to particular individuals.

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Common use cases

This form is necessary when you and your spouse wish to create a legally binding agreement about the distribution of your estates, particularly if you have minor children. It is essential in planning to ensure your children are cared for and that your assets are managed according to your wishes in the event of your passing. This form is particularly important for couples looking to establish mutual commitments regarding property division and guardianship that safeguard the financial future and wellbeing of their children.

Who this form is for

Married couples wishing to secure the inheritance rights of their children.
Couples looking to specify guardianship arrangements for their minor children.
Individuals wanting to ensure a clear distribution plan for assets, particularly in cases where children could inherit.
Spouses who desire to ensure their individual wills function cohesively with one another.

How to prepare this document

Identify the parties involved, including names and addresses of both spouses and children.
Designate a personal representative who will manage the estate after death.
Specify how assets will be distributed between the surviving spouse and children, including any specific bequests.
Complete fields related to guardianship for minor children and appoint a trustworthy guardian.
Review the document for accuracy, have it signed in the presence of two witnesses, and, if required, notarize the wills.

Is notarization required?

Yes, this form must be notarized to be legally valid in most states. Notarization ensures that the wills are executed properly and can help prevent disputes over authenticity. US Legal Forms offers integrated online notarization options, providing a secure way to notarize your documents via video call from the comfort of your home, eliminating the need for travel.

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We protect your documents and personal data by following strict security and privacy standards.

Mistakes to watch out for

Failing to properly sign the wills in front of witnesses, which may invalidate the document.
Not appointing a successor personal representative, which could complicate estate administration.
Neglecting to specify provisions about guardianship, potentially leaving children without a designated caretaker.
Overlooking state-specific requirements for notarization or witness signatures.

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Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children

Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Oregon, but does contain basic and other provisions. A discussion of handwritten wills is not included.

Who may make a will: Any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind, may make a will. 112.225

Local law of state selected by testator controlling unless against public policy: The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state. 112.230

Execution of a will: A will shall be in writing and shall be executed with the following formalities:
(1) The testator, in the presence of each of the witnesses, shall:
(a) Sign the will; or
(b) Direct one of the witnesses or some other person to sign thereon the name of the testator; or
(c) Acknowledge the signature previously made on the will by the testator or at the testator's direction.
(2) Any person who signs the name of the testator as provided in subsection (1)(b) of this section shall sign the signer's own name on the will and write on the will that the signer signed the name of the testator at the direction of the testator.
(3) At least two witnesses shall each:
(a) See the testator sign the will; or
(b) Hear the testator acknowledge the signature on the will; and
(c) Attest the will by signing the witness' name to it.
(4) A will executed in compliance with the Uniform International Wills Act shall be deemed to have complied with the formalities of this section. 112.235

Witness as beneficiary: A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate. 112.245

Validity of execution of a will:
(1) A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of:
(a) This state at the time of execution or at the time of death of the testator; or
(b) The domicile of the testator at the time of execution or at the time of the testator's death; or
(c) The place of execution at the time of execution.
(2) A will is lawfully executed if it complies with the Uniform International Wills Act. 112.255

Testamentary additions to trusts:
(1) A devise may be made by a will to the trustee or trustees of a trust, regardless of the existence, size or character of the corpus of the trust, if:
(a) The trust is established or will be established by the testator, or by the testator and some other person or persons, or by some other person or persons;
(b) The trust is identified in the testator's will; and
(c) The terms of the trust are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will, or in the valid last will of a person who has predeceased the testator.
(2) The trust may be funded during the testator's lifetime or upon the testator's death by the testator's devise to the trustee or trustees. The trust may be a funded or unfunded life insurance trust, although the trustor has reserved any or all of the rights of ownership of the insurance contracts.
(3) The devise shall not be invalid because the trust:
(a) Is amendable or revocable, or both; or
(b) Was amended after the execution of the testator's will or after the death of the testator.
(4) Unless the testator's will provides otherwise, the property so devised:
(a) Shall not be considered to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is given; and
(b) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator, regardless of whether made before or after the execution of the testator's will.
(5) Unless the testator's will provides otherwise, a revocation or termination of the trust before the death of the testator shall cause the devise to lapse.
(6) This section shall not be construed as providing an exclusive method for making devises to the trustee or trustees of a trust established otherwise than by the will of the testator making the devise.
(7) This section shall be so construed as to effectuate its general purpose to make uniform the law of those states that enact the same or similar provisions. [1969 c.591 s.40; 1999 c.132 s.1] 112.265

Procedure to establish contract to make will or devise or not to revoke will or devise:
(1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, executed after January 1, 1974, shall be established only by:
(a) Provisions of a will stating material provisions of the contract;
(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(c) A writing signed by the decedent evidencing the contract.
(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. 112.270

In terrorem clauses valid and enforceable; exceptions:
(1) Except as provided in this section, an in terrorem clause in a will is valid and enforceable. If a devisee contests a will that contains an in terrorem clause that applies to the devisee, the court shall enforce the clause against the devisee even though the devisee establishes that there was probable cause for the contest.
(2) The court shall not enforce an in terrorem clause if the devisee contesting the will establishes that the devisee has probable cause to believe that the will is a forgery or that the will has been revoked.
(3) The court shall not enforce an in terrorem clause if the contest is brought by a fiduciary acting on behalf of a protected person under the provisions of ORS chapter 125, a guardian ad litem appointed for a minor, or a guardian ad litem appointed for an incapacitated or financially incapable person.
(4) For the purposes of this section, “in terrorem clause” means a provision in a will that reduces or eliminates a devise to a devisee if the devisee contests the will. 112.272

Express revocation or alteration:
(1) A will may be revoked or altered by another will.
(2) A will may be revoked by being burned, torn, canceled, obliterated or destroyed, with the intent and purpose of the testator of revoking the will, by the testator, or by another person at the direction of the testator and in the presence of the testator. The injury or destruction by a person other than the testator at the direction and in the presence of the testator shall be proved by at least two witnesses. 112.285

Revocation by marriage: A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless:
(1) The will evidences an intent that it not be revoked by the subsequent marriage or was drafted under circumstances establishing that it was in contemplation of the marriage; or
(2) The testator and spouse entered into a written contract before the marriage that either makes provision for the spouse or provides that the spouse is to have no rights in the estate of the testator. 112.305

Revocation by divorce or annulment: Unless a will evidences a different intent of the testator, the divorce or annulment of the marriage of the testator after the execution of the will revokes all provisions in the will in favor of the former spouse of the testator and any provision therein naming the former spouse as executor, and the effect of the will is the same as though the former spouse did not survive the testator. 112.315

Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children

Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Oregon, but does contain basic and other provisions. A discussion of handwritten wills is not included.

Who may make a will: Any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind, may make a will. 112.225

Oregon Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children

This form is part of a form package!

What is this form?

What’s included in this form

Related forms

Common use cases

Who this form is for

How to prepare this document

Is notarization required?

Get your form ready online

Mistakes to watch out for

Why use this form online

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