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How to use a separate property memorandum with your will

On Behalf of | Sep 29, 2026 | Estate Planning |

A separate property memorandum lets you direct who should receive certain personal items without changing your entire will. In Washington, this tool can help you manage gifts of sentimental property while keeping the main estate plan in place.

This document works best for personal items, not major assets

A memorandum of this type applies to tangible personal property, which may include jewelry, furniture, artwork, collections, tools and similar items. It does not transfer real estate, cash or financial accounts. Common items may include:

  • Antiques or sentimental keepsakes
  • Jewelry
  • Personal collections
  • Furniture and household items
  • Tools or sporting equipment

The more clearly you describe the item, the easier it becomes for your personal representative to identify it and deliver it to the right person.

Why does the will need to mention the memorandum?

This kind of list does not stand on its own. Washington law allows it only if your will refers to it. That connection is what gives the memorandum legal effect. Reviewing how the memorandum fits within a Washington will can help you make sure both documents work together instead of creating confusion.

Updating the list is usually easier than changing the will

One benefit of this tool is flexibility. You can usually update the list without changing the will itself, as long as you sign and date each new version so it is clear which one is current.

Looking at a personal property memorandum may help you see how to organize the list and describe items clearly. The clearer your list is, the less likely your family will argue over what you meant later.

Clear instructions now can reduce confusion later

A separate property memorandum works best when you keep it current and make sure your will properly refers to it. This tool gives you a practical way to update gifts of personal property without revisiting the whole will each time something changes. For many Washington families, that makes it easier to handle sentimental items in a clear and orderly way. An estate planning attorney can review the memorandum and the will together to make sure both documents work as intended.

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