What is a clause in a will?

A clause in a last will and testament is just a small portion of that will that stipulates something. For example, a clause might state that you revoke all prior wills and codicils. Or a clause might state what your current address is.

Simply put, a clause is where something happens in the will. So an “identification clause” is the place in the will where you identify yourself. And a “debts clause” is the place in the will where you decide how your remaining debts are paid.

Most legal professionals use the word “clause” interchangeably with the word “provision.” In estate planning, both just refer to a specific portion of a document, such as a will, living trust, or health care surrogate designation. If the lawyer mentions a “clause,” just imagine that the lawyer said “section” and most of the time it will mean the same thing. For example if your lawyer says “guardianship clause,” just think “the section of my will dealing with guardianship” and you’ll be just fine.