Devise By Written List

It's an annual routine to revise my mother's will around Christmas time. What's her greatest concern? Who gets her stuff--jewelry, furniture, personal mementos, etc. It's a long list of specific directions and her wishes change continually. Do I have to draw up a new last will with witnesses and notary each year just so mom can change which granddaughter gets the duck painting hanging in the basement? Luckily, 'no' as we are residents of Missouri.

Section 2‑513 of the Uniform Probate Code allows the maker of a last will to device certain types of tangible personal property (such as clothing, furniture and other personal effects but NOT money) by separate written list not prepared with the same formalities as a standard last will. The exact language of Section 2-513 is as follows:

Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.

Roughly half the states including Missouri follow Uniform Probate Code Section 2‑513. Here is a survey of all US states indicating which allow for devise by separate written list. And here is a sample written list and another sample list.

These lists can be draw up before or after the last will. No witness is required; however, the testator must sign and date it. Further, the list can be amended simply by drawing up a new list and, again, having the testator sign and date it. I gave my mother an electronic copy of her device of personal property by written list so that she can alter it on her own whenever she pleases!