What is a “Standard” Will

Is there such a thing as a “Standard” Will?

Some people will say that there is no such thing and that everyone’s Will is personal to the person who makes that Will.

However, those with years of estate planning experience and preparing Wills know that there is a discernible thread that goes through many Wills depending on the Will maker’s family circumstances.

So, a couple with children will tend to make their Wills a certain way as will a couple without children. Singles on the other hand are much harder to predict other than singles who keep their Wills very simple and within their immediate family.

Couple with children

Commonly a couple tend to both appoint his or her partner/spouse as Executor/Executrix and leave their whole estate to each other in the first instance.

Their Wills also tends to provide that in the event of the spouse having predeceased the will maker then one or more sibling/s from each spouse’s side will be the substituted Executor/s in place of the spouse.

If one or more of their children are adults then a child or children may be appointed as the substituted executor/s.

Such a couple’s Wills may then say the Estate is to be left to the children equally.

If the children are adults or near adulthood then a couple’s Will may go on to say that if any of the couple’s children predecease them leaving behind children of their own, then the grandchild or grandchildren who survives the will maker would get the share which his/her or their parent would have otherwise inherited but for having predeceased the will maker. This ensures that no child of the couple (and his, her or their own child or children) ends up getting nothing.

In many, many similar nuclear families this tends to be the sort of Will which is made. This comes close to being a ‘Standard’ Will for a couple with children.

Couple with no children

Commonly where a couple have no children they tend to both appoint each other as Executor/Executrix and leave their whole estate to each other in the first instance.

They also tend to provide that in the event of the spouse or partner having predeceased the will maker then one or more sibling/s from each partner’s or spouse’s side will be the substituted Executor/s in place of the spouse.

With no children to inherit, a couple with no children then has to avoid the possibility that the surviving spouse’s side of the family inherits everything.

Such a couple’s Wills may then divide their estate into 2 parts with one part going to the first spouse’s or partner’s side of the family and the other part going to the other spouse’s or partner’s side of the family. Then within each side of the family their half may go to the parents or to the siblings of that spouse in equal shares.

This is a common ‘Standard’ Will made by couples with no children.