Will-Based packages are centered on a Last Will and Testament and assemble all core estate planning documents together in a single coordinated workflow. They may be used for:
A single individual
A married couple (mirrored or separate)
An unmarried committed couple (mirrored or separate)
Select a Will-Based Package
From the Library, select your product and navigate to the Estate Planning Document Packages folder. Begin drafting by selecting the the correct relationship-status subfolder for your client(s):
Married Couple
Single Person
Unmarried Committed Couple
From there, select the appropriate Will-Based Planning Package and open the drafting interview.
- If you selected a Mirrored Will-Based Package, you will draft both individuals’ plans within the same interview.
- If you selected a Separate Will-Based Package, you will draft one plan first and then use the Flip Parties function to draft the second. (For detailed instructions on the Flip workflow, see this article.)
At this stage, your focus should be on moving carefully through the interview for the active client.
Before You Begin Drafting
When you open the Will-Based package, you will arrive at the Estate Plan Drafting Interview. The interview is designed to guide you through the drafting process step by step, from document selection through final assembly. Before entering new information, consider whether you want to begin with existing data.
Using Existing Client Answers
If you are drafting for a returning client or continuing work on a previously saved file, click Load Answers at the top of the screen. This allows you to reopen an existing answer file and resume drafting without re-entering information. For detailed instructions about how to use existing answer files, read this article.
Exploring the Interview with Sample Data (Optional)
If you are new to the workflow or would like to see how the system functions before entering live client data, you may click Load Sample Data. This feature populates the interview with example client and family information so you can explore each tab and see how selections affect document output. For more information about drafitng with sample data, read this article.
Every drafting interview is organized into tabs along the left-hand navigation menu, and each tab has its own detailed guidance. For step-by-step instructions on completing any specific section of the interview, refer to the corresponding article for that tab.
As a best practice, complete the interview in order. Earlier tabs (particularly Document Selection and Document Planning) establish the structure for the drafting questions that follow.
Confirming Your Document Selection
Once you are ready to begin substantive drafting, move to the Document Selection tab. This is where you confirm which documents will be included in the estate planning package. In a Will-Based package, this typically includes:
The Last Will and Testament
Durable Power of Attorney
Advance Directive
HIPAA Authorization
Disposition of Remains
Estate Plan Summary
Execution Instructions
Take a moment here to ensure your selections reflect the client’s planning goals. Document selection determines which drafting questions will appear in later tabs. For detailed guidance on completing this tab, see this article.
For couples drafting mirrored plans, you will confirm document selection for both individuals within the same workflow. Even though the drafting occurs together, each Will and each ancillary document remains a separate legal instrument.
After selecting the documents that will be drafted in your package, proceed to the substantive drafting tabs.
Drafting the Will
After confirming your document selection, proceed through the interview tabs in order. Each tab builds on the prior selections and gradually constructs the client’s estate plan. This article provides an overview of what each section accomplishes. For detailed, step-by-step instructions, refer to the article dedicated to that specific tab as you draft.
Document Planning Tab
The Document Planning tab establishes global drafting assumptions, terminology, and core structural decisions that determine how the interview unfolds and which provisions are included in the final documents.
Selections made here control features such as pre-residuary gifts, definitions (including treatment of stepchildren), the structure of the residuary devise (entire residue or percentage shares), and whether a spouse is a beneficiary at the first spouse's death.
For detailed guidance on each option, see the full Document Planning Tab article.
Tangible Personal Property
This tab addresses how tangible personal property will be distributed under the Will. You may:
Incorporate personal property gift lists
Select how the residue of personal property is distributed
Add a selection process to handle possible disputes
For detailed instructions about completing this tab, see this article.
Specific Bequests
If you have selected certain specific gifts on the Document Planning tab, a Specific Bequests tab will appear. On this tab, you can draft specific gift provisions in the Will, including:
Cash gifts
Gifts of Real Estate, or Business Interests
Pet provisions
For an overview of options and detailed drafting guidance about specific gifts, see this article.
Personal Representatives
This tab governs the appointment of thePersonal Representative, including successors and Co-Personal Representatives, if desired. For guidance about how the drafting interview handles nominations of fiduciaries, see this article.
Disposition at First Death
For Married and Unmarried Couples Plans
If drafting for a couple, and on the Document Selection tab you've chosen to benefit the spouse as a residuary beneficiary, then this tab determines how property is handled upon the first spouse’s death. There are several choices, including:
Whether assets pass outright
Whether trusts are created
Whether any tax planning formulas will be used
For detailed guidance about these options, see this article.
Terms for Trusts Created at First Death
This tab configures the administrative and distribution provisions for any trusts created for a surviving spouse at the first death, including Credit Trusts, Disclaimer Trusts, Family Trusts, and Marital (QTIP) Trusts. While the decision to include a spousal trust is made in the first-death distribution section, this tab defines how the selected trust(s) operates, including its distribution standards, powers of appointment, remainder structure, and tax-sensitive provisions.
For detailed guidance on each spousal trust option, see this article.
Noncitizen Spousal Trust Planning (QDOT)
If a client is a non-citizen, this tab will appear so that you can configure the administrative and distribution provisions of the Domestic Martial Trust (structured as a Qualified Domestic Trust (QDOT)).
For detailed guidance on QDOT structure and drafting options, see this article.
Trustees for Trusts Created at First Death
If you've chosen to establish a trust for the surviving spouse or partner on the Disposition at First Death tab, then this tab allows to you name trustees and successor trustees. The structure of this tab, which is identical to the Personal Representatives tab, is discussed in detail in this article.
Disposition of Remaining Estate
This tab controls the residuary clause of the Will. For single clients, this is the primary distribution section.
For married or unmarried couple's plans, it governs distribution at the second death.
Here, you will select:
The primary residuary beneficiaries and how their shares are distributed
Whether distributions are made outright or in trust
If trusts are created, the types of trusts
Contingent beneficiaries and how their shares are distributed
You may distribute the residue using:
Entire Residue (one combined share), or
Percentage Shares (divided into different shares with per-share beneficiaries).
The selection between entire residue and separate shares is made on the Document Planning tab.
For detailed guidance about the distribution of the entire residue, see this article.
For detailed guidance about the distribution of the residue in percentage shares, see this article.
Ultimate Beneficiary
This tab allows you to designate a final “catch-all” beneficiary who will receive the remaining estate only if all primary and contingent beneficiaries have predeceased the client. The ultimate beneficiary ensures that the estate will still be distributed according to the client’s intent rather than relying on intestacy law or an unintended disposition due to a failed gift.
You may designate the ultimate beneficiary as:
One or more named individuals
A class of people (such as children or grandchildren)
One or more charitable organizations
The client’s heirs-at-law
Trustees for Trusts for Residuary Beneficairies
If you've chosen to establish a trust for any residuary beneficiary on the Disposition of Remaining Estate tab, then this tab allows to you name trustees and successor trustees. The structure of this tab, which is identical to the Personal Representatives tab, is discussed in detail in this article.
Terms of Trusts for Residuary Beneficiaries
If you've chosen to establish a trust for any residuary beneficiary on the Disposition of Remaining Estate tab, then this tab allows to you choose the terms for these trusts, including distributions, remainder beneficiaries and powers of appointment. For detailed guidance about this tab and its choices, see this article.
Appointment and Removal of Trustees
This tab addresses who has authority to appoint, remove, or replace trustees of trusts created under the Will. You can also determine whether a non-spouse-beneficiary may elect to serve as trustee of their own trust at certain ages. This tab only appears when the Will creates trusts at the first or second death and will change options depending upon the types of trusts created (for example, spousal trusts or descendant trusts). For detailed drafting guidance about this tab, see this article.
Boilerplate Choices
This tab allows you to customize certain structural and administrative provisions within the Will and related documents. Although these selections may appear routine, they affect how the estate is administered, how fiduciaries operate, and how certain default provisions apply. Review each option carefully to ensure it aligns with the client’s planning goals.
The tip icon next to each option on this page includes some sample output language for each selection. For more detailed guidance on each selection, see this article.
Document Execution Tab
This tab allows you to configure certain formatting and execution-related details that will appear in the assembled documents. These selections do not change the substantive provisions of the estate plan but control how the documents are executed and presented.
You may:
Identify the attorney and notary who will appear in the execution blocks (if known)
Enter the names and addresses of witnesses if that information is available in advance
Select footer and page numbering preferences for the assembled documents
Drafting Ancillary Documents
After completing the Will provisions, continue through the remaining drafting tabs. Each ancillary document is completed individually, even when drafting mirrored plans. For detailed instructions on fiduciary designations and document-specific settings, refer to the article corresponding to each tab:
Execution Instructions
If the client will be signing their documents in person but without the attorney present, Agile EP can generate a set of Execution Instructions to accompany the package. To prepare them, go to the Document Selection tab and select Execution Instructions. The system will generate instructions for all documents included in the package.
Before sending the instructions to the client, review the generated document and complete the small number of remaining fill-in fields as needed.
Assembling the Documents
Once drafting is complete, navigate to the Assemble Documents tab. Document assembly is the step where Agile EP generates the final documents using the saved Answer File.
To assemble documents:
Save the Answer File
Click Assemble Your Documents
Wait while Agile EP generates the selected documents
After assembly:
Documents appear on the Assembled Documents screen
Files may be downloaded individually or as a full set
If revisions are needed, return to the interview, update answers, and assemble again
If you'd like a more detailed walkthrough of the assembly screen and the available options for downloading and managing generated documents, this article explains the process step by step.
If documents do not open or download, check browser permissions. For additional details about troubleshooting this, review this article.