The family clause is the place in your simple will where you will provide basic information about yourself and your family. The family clause serves several important legal purposes. It informs those who survive you of who your family is, it demonstrates your awareness of who your heirs are, and it helps keep you from accidentally disinheriting children who are born or adopted after you finalize your will.
Required Reading
Capacity
Not everyone has capacity to make a will. One aspect of capacity is understanding who your heirs are, which necessarily means being able to identify your spouse and your children. One way that someone might try to show that you did not have capacity to make a will is by proving that you did not know who your family was when you made your will. When you write your family clause, it is therefore very important that you include the names of your spouse and your children, even if you intend to disinherit them.
Listing Your Children
When listing your children in the family clause, you should include the names of all of your living children, regardless of whether you want them to receive any inheritance from you. It is not necessary to list any children who have passed away.
Adopted Children
Under Washington law, an adopted child has the same right to inherit from their adoptive parents as if the adopted child is their child by birth. In this respect, an adopted child stands on equal footing with his or her non-adopted brothers and/or sisters. When listing your children in the family clause, be sure to include your living adopted children.
Stepchildren and Foster Children
Unless you have adopted them, you do not need to list your living stepchildren or foster children in the family clause. You will have an opportunity to leave them property later in the will-drafting process.
Defining “My Children”
You will notice that the model language we provide for the family clause includes a definition of the term “my children.” We include this definition to prevent you from accidentally omitting a child from your will who is born or adopted by you after your will is finalized. Whether or not you plan to have or adopt any children after you finalize your will, leave this definition language in place.
Identify Your Family
Open your copy of the simple will and edit the family clause according to these instructions. We will go through each sentence, one at a time.
Marital Status
The first sentence of your family clause will indicate your marital status (whether you are single, married, divorced, or a state registered domestic partner). If you are divorced and have not remarried or entered a state registered domestic partnership, then for purposes of the family clause you are considered single. Adjust your family clause to indicate your marital status. Replace the bracketed text with “single”, “married”, “a widow”, “a widower”, or “a state registered domestic partner”, as appropriate.
Family Clause: Marital Status
2. FAMILY
I am [marital status]. My immediate family is now composed of […]
Immediate Family
The second sentence of your family clause will list the members of your immediate family, which includes your spouse or state registered domestic partner and your children. Start by identifying your spouse or state registered domestic partner, if you have one. Then provide a list of your children, if you have any. Edit your family clause and follow the models below.
Family Clause: Immediate Family – Listing a Spouse
2. FAMILY
I am [marital status]. My immediate family is now composed of my spouse, [name of spouse], and my children […]
Family Clause: Immediate Family – Listing Children
2. FAMILY
I am [marital status]. My immediate family is now composed of my spouse, [name of spouse], and my children, [name of a child], [name of a child], and [name of a child]. […]
Family Clause: No Children
2. FAMILY
I am [marital status]. […] I have no children. […]
Defining “My Children”
The final sentence of your family clause defines the phrase “my children.” Whether or not you have any children, and whether or not you plan to have or adopt any more children, it is important that you leave this definition in the family clause. If you have living children, include the sentence highlighted below in your family clause.
Family Clause: Defining “My Children”
2. FAMILY
I am [marital status]. My immediate family is now composed of my spouse, [name of spouse], and my children, [name of a child], [name of a child], and [name of a child]. All references hereinafter to “my children” or the like shall be limited to the children specifically named in this article and any child born to or adopted by me after the date of this Will.
If you do not have any living children, replace the sentence highlighted above with the sentence highlighted below in your family clause.
Family Clause: Defining “My Children”
2. FAMILY
I am [marital status]. […] I have no children. All references hereinafter to “my children” or the like shall be limited to any child born to or adopted by me after the date of this Will.
Examples of a Family Clause
Below is an example of how the family clause might look for a widow with two living children.
2. FAMILY
I am a widow. My immediate family is now composed of my children, John Doe and Mary Roe. All references hereinafter to “my children” or the like shall be limited to the children specifically named in this article and any child born to or adopted by me after the date of this Will.
Below is an example of how the family clause might look for a married man who has no children.
2. FAMILY
I am married. My immediate family is now composed of my spouse, Jane Mary Doe. I have no children. All references hereinafter to “my children” or the like shall be limited to any child born to or adopted by me after the date of this Will.
Once you have finished drafting your family clause, go back to the list of instructions.
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