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.
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.
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.