How Do I Leave All of My Estate to Charities?

Full question:

I want to write a will by myself, with little expense. In my Last will and Testament I wish to give my entire estate to ten or twelve charities. I need a template or form so that I can start writing a will. I have no children. Other family and friends don't need anything.

• Category: Wills and Estates
• Date: 04/07/2025
• State: Colorado

Answer:

You have the right under law to not leave anything to a family member or friend, unless you have agreed in some manner (like a written contract) to leave them something. Often, when someone chooses not to leave anything to someone who might be expected to inherit under a will, the person is mentioned in the will to avoid a claim in a will contest that he or she was inadvertenty omitted. Sometimes that person is left a dollar to ensure that a claim of accidental omission can't be raised.

Generally, a person may leave property of any amount to anyone she wishes, regardless of family members. A will must be prepared and properly executed (signed and witnessed by a certain number of competent witnesses) while a person still has legal or testamentary capacity. A person must execute a will while he or she has full control over his or her mental functions. If a person waits until he or she suffers an accident or an illness, it could be too late. Testamentary capacity means the maker understands the nature of making a will, has a general idea of what he/she possesses, and knows who are the members of the immediate family or other "natural objects of his/her bounty". Testamentary capacity requires freedom from delusion which is the effect of disease or weakness and which might influence the disposition of his property. Also, it requires ability at the time of execution of the alleged will to comprehend the nature of the act of making a will.

A will is most likely to be challenged by someone claiming that the will was not properly written, signed or witnessed, or did not meet the state's formal requirements; the decedent lacked mental capacity at the time the will was executed; the decedent was a victim of fraud, force, or undue influence; or the will is a forgery. If a will contest is successful, the entire document may be thrown out. Alternatively, the probate court may reject only the part of the will that was challenged. If the entire will is disallowed, the court will distribute the decedent's property as if the person died without a will. If possible, the court may use a previous will, but such action will depend on state law and the facts and circumstances of the case. Will contests are not uncommon, but few people actually win one. They can be very expensive and create lengthy delays in the distribution of an estate's assets. A person must have legal "standing" to object to a will. What constitutes standing is determined by state law, but generally it means someone who either is a party mentioned in a will or perhaps should have been a party to the will based on a legal relationship to the decedent.

A bequest in a will is typically considered a gift that may be freely revoked by the will maker. In some cases, a person may make a legally enforceable contract to leave a person a bequest in a will in exchange for services provided or other value received. Certain assets are not included as part of a person's estate and may pass outside of probate, such as trust assets and transfer on death accounts or property owned by joint tenants which passes under a right of survivorship when one tenant dies.