Essential Tips for Writing Your Will: 12 Things You Must Consider in Your Last Testament

A will is a legal document that one writes to express his final wishes and the sharing or distribution of his assets after his demise or permanent absence. A will is a very important document because it helps to avoid conflicts after you pass away. It also ensures that your properties are in the hands of the right people, those you think truly deserve it. Writing a will also ensure that you place your little children (minors) and your pets in the hands of the right people. In fact, there are numerous benefits of writing a will to prevent

Understanding Will: Types and Components

Types of Will Writing

There are two major types of wills. These include simple and complex will.

  • i. Simple will: A simple will writing offers straight information about how one's property should be distributed. It considers minors, pets and guardians that can take temporary custody of the items listed in the will. This will is suitable for simple family property sharing but does not suit large estate tax considerations.
  • ii. Complex will: This kind of will is the most official and considers complex business components. They are suitable for larger estates and assets that include tax planning. This type of will also have detailed legal information and instructions.

Essential tips for writing your will

The three main components of a will are

  • a. Executor: An executioner is someone who ensures that the instructions in the will are carried out even in the absence of the testator (the will writer). This person can be a confidant or a legal practitioner.
  • b. Beneficiaries: These are people who appear in the will as beneficiaries from the shared assets. They include the testator's children, or other dependents. It can also include pets and servants.
  • c. Guardianship: A guardian is the person who takes care of the dependent beneficiary such as minor children. Appointing a beneficiary in the will ensures that there is someone to take care of the young children and their portion of the assets until they grow-up.

Tips and things to consider when writing your will

1. Planning and preparation

The first step you have to take when writing your will is to plan ahead. When do you want to write it and why does it matter to you? When you finally know that you are set, the next thing you do is to write down all your assets from the most valuable to the least property you have, even at home. This list will help you to know your net worth and how to prioritize each of your belonging during the sharing process. Thereafter, get down all the beneficiaries of your will, and arrange them in a descending order. Make arrangement with witnesses and legal bodies involved for authentication and legalization of your written notes.

2. Size of your estate

Your estate refers to everything you have and things you share with others. It includes single owned properties, physical items, bonds, shares, bank account details, royalties, insurance, pension, debts and liabilities. The nature of your will depends on the size of your estate or assets. Where you do not have much joint assets and liabilities, a simple will can be enough. However, where you have large businesses, and sometimes, business partners, a more detailed will with strong legal procedure is necessary.

3. Power of the attorney

Power of the Attorney (POA) allows a legal agent (attorney-in-fact) to act on your absence. Therefore, you need certain legal procedures and pacts which will you’re your will appropriation process to be smooth even when you pass away. Without sufficient legal backings (like the POA) on your will, anyone, including member of your family can easily manipulate or change what you wrote down after you pass away. In most countries, your family members can apply for letter of administration which gives them legal custody of your property.

4. Duplicate copy of your writing

Whatever you put down as a message to be implemented after you die need duplicate copies, including our will. People can go miles just to secure whatever they want, and would not mind destroying evidence. Therefore, always ensure that copies of your will are safely kept in secure place.

5. A backup individual

A backup individual can be like a witness to your will, especially, when the legal process is not involved. Such individual can be a close friend or a solicitor who stands in your place in your absence to make your will realistic. Any backup individual to a will must be trustworthy and informed about your intentions. Making a written agreement or telling your family about the person is a great step.

6. Constant update of your document

Your believe system and priorities change over time. This necessitates that you check your will time-by-time and possible make constant updates when necessary. You will not like the feeling that comes when at the die moment you remembered that you had made a great mistake in your will. Therefore, consider updating your will and reviewing the documents with time.

7. The age of your children: are they minors?

While writing your will, your children and those who depend on you as guardian should be considered. This becomes a high priority if your children are minors. A lot people make a great mistake while writing their wills by treating their children as adults in the asset statement. Irrespective of what you write, if your children are very young, anyone who do not deserve them can take custody of them. Therefore, include who takes custody of your children until they grow-up to manage their portion of your assets. With this, your children will not have to suffer in the hands of the wrong person.

8. Alternative plans for your pets

This is for those who have and like their pets. Most pets get abandoned or killed after the demise of their owners. If you don’t want your pet to face a similar fate, you can include who takes custody of it after you pass away. Besides, you can inform your backup individual to send the pet to animal shelters for proper care under government monitoring.

9. Witnesses and signing

After writing your will and possibly following relevant legal process, ensure to sign it with your original signature. Do not sign your will without witnesses. Your witnesses have to be people who can testify to your signatory when you are absent. It is also advisable for the witnesses to sign the papers as well.

10. Clarity of your will statements

One of the worst mistakes you can do on your will is to make ambiguous statements. This can lead to conflicts what is hard to resolve. Your will, besides having backup individuals, has to be clear and precise, even when there is elaboration. When writing it, re-read again to confirm if it is clear and comprehensible. You can ask someone you trust to write it for you or an independent legal entity.

11. Debts and liabilities

When writing your will consider your existing debt. Ensure that you make preparations about how your debts will be settled. This will help your children to escape the consequences associated with asset forfeiture. It also prevents conflict between those who inherit your properties and those you owe money.

12. Charity programs

Most people like to donate to charity and the less privilege. For such people, their life does not mean much without returning their sacrifice to the society through kindness. It makes sense to consider the hopeless out there and keep a portion of your wealth for them. Leaving a portion of your belonging for charity can even remain as a legacy you leave on earth. If you are rich enough, the money you left for charity in your will can go a long way in creating a charity foundation for the future needy.

Bonus point: 13. Who should access your digital property and privacy

If your digital property like social media handle or blog matters to you, consider who should takeover. This properties matter so much because they contain your private data including conversations.

Things you must consider in your will

Allowing the wrong person to access your mobile device or private inbox can disclose your deepest secret to the wrong people, even the public. Some social media platforms like Facebook allow users to submit who should take over their account in case of their demise.

Conclusion

Writing a will ahead of inevitable events is a great step for everyone to take, especially, the aged. Although it feels easy to write a will, it can be a complex process which requires certain considerations. Taking note of some of the things suggested in this article can help you draft a will that does not only meet your desired objectives but prevent issues in your absence.

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