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Question about naming my partner in a will

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SSW

New member
Hello, I’m in Oregon. I have a question about which word to use in my will for my romantic and life partner (whom I’m not married to, nor live with). In the Contingent Beneficiaries section, I write: “If my child does not survive me and has no descendants, I give the residue of my estate to my partner…” My Lawyer said “The word "partner" can have different meanings. You may want to provide a bit more detail.” What do you recommend? Thank you.
 


not2cleverRed

Obvious Observer
I think an actual name would be a good start. :)

I give the residue of my estate to
[Name], [son/daughter of --- of ---], who at the time of the writing of this will is my romantic and life partner.

You might want to include other info that would help uniquely identify them, especially if it is a common name.

Even if it is not a particularly common, it might be worth putting in some descriptors. I noticed recently that an acquaintance was not alone in having his unusual first middle and last name - there was someone on the opposite coast with the identical name but 10 years older. Add to the confusion for distinguishing between the two, their fathers also have the same name.
 

Taxing Matters

Overtaxed Member
Hello, I’m in Oregon. I have a question about which word to use in my will for my romantic and life partner (whom I’m not married to, nor live with). In the Contingent Beneficiaries section, I write: “If my child does not survive me and has no descendants, I give the residue of my estate to my partner…” My Lawyer said “The word "partner" can have different meanings. You may want to provide a bit more detail.” What do you recommend? Thank you.
Will forms sold in office supply stores or that you download off the internet use generic labels for people because they don't know the names of the beneficiaries for the people using their forms, but if you draft your own will you can do better and use the name for each person in place of a generic label. And it is much more personal that way, too. You want your beneficiaries to know you knew their names, right? ;)The one exception to this is when making class gifts, i.e. "to my children" or "to my descendants".
 

not2cleverRed

Obvious Observer
Will forms sold in office supply stores or that you download off the internet use generic labels for people because they don't know the names of the beneficiaries for the people using their forms, but if you draft your own will you can do better and use the name for each person in place of a generic label. And it is much more personal that way, too. You want your beneficiaries to know you knew their names, right? The one exception to this is when making class gifts, i.e. "to my children" or "to my descendants".
I would think that you would also not want any ambiguity as to who was meant. While "My son George" is specific enough in most cases, it might not be if you're George Foreman.

In the case of someone who is not related by blood or marriage, OP needs to make sure by name and description that there is no ambiguity as to who is intended.
 

Zigner

Senior Member, Non-Attorney
Name and DOB is often a good descriptor. If the person's name might change, then even more might be wise (my daughter, Mary Smith, DOB 12-19-1990, for example)
 

ALawyer

Senior Member
I note that you propose to name your life partner as a contingent beneficiary -- to inherit something only if s/he outlives your child and her descendants.

It may be wise to leave him/her a token something in a special bequest -- such as "To my life partner John Doe (hereafter "life partner"), who currently resides at 1 Main Street, Anytown, NC, I leave [the sum of $500.00, or my living room dining set] " and ALSO make him/her the residual beneficiary if neither your daughter nor any of her descendants survives you.
 

SSW

New member
Delayed reply to everyone: First, thank you. Second, it looks like I wasn’t clear in my question because many of you suggested I simply add my partner’s name. That I already planned to do! My question was more about the word “partner” being potentially too vague, since that word can have different meanings.

Looks like the following options were suggested:
  • [Name], [son of --- of ---), who at the time of the writing of this will is my romantic and life partner…
  • Name and DOB
  • Name (hereafter “life partner”) who currently resides at 1 Main Street, Anytown, NC
Looking at these suggestions, it sounds as though it may be more important to list my partner's name with the some variation of the suggested identifying descriptors than it is to be more specific with his title? Or am I missing something here? Any additional thoughts would be appreciated!
 

LdiJ

Senior Member
Delayed reply to everyone: First, thank you. Second, it looks like I wasn’t clear in my question because many of you suggested I simply add my partner’s name. That I already planned to do! My question was more about the word “partner” being potentially too vague, since that word can have different meanings.

Looks like the following options were suggested:
  • [Name], [son of --- of ---), who at the time of the writing of this will is my romantic and life partner…
  • Name and DOB
  • Name (hereafter “life partner”) who currently resides at 1 Main Street, Anytown, NC
Looking at these suggestions, it sounds as though it may be more important to list my partner's name with the some variation of the suggested identifying descriptors than it is to be more specific with his title? Or am I missing something here? Any additional thoughts would be appreciated!
Yes, its much more important to clearly identify him than it is to give him a title.
 
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Taxing Matters

Overtaxed Member
My question was more about the word “partner” being potentially too vague, since that word can have different meanings.
When making specific bequests (rather than class gifts) it is really only important to mention a relationship if the person is a family member and several of the family members have similar names to better identify which one you mean, and it is important to identify your spouse. You really don't need to label your attachment to other people as a friend, lover, fiancé or fiancée, or whatever. The will is perfectly valid without that, and sometimes it avoids awkward situations among the survivors if you just leave that out. What matters is that the person can be easily identified as the correct beneficiary.
 

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