Writing Your Own Will
Writing your own will is one of the singularly important things anyone can do in their life, even if they themselves won’t actually benefit from it. Making the proper arrangements for the handling of you affairs is the biggest favor you could do your family.
The idea of your own mortality, and eventual death isn’t something everyone can face when still alive, but it is essential if you have specific desires as to what happens after you die.
It’s estimated that over sixty percent of American don’t have a will, which means the courts are going to be busy for years to come. In fact, in these situations, the only real winners are the lawyers, who get paid even if the plaintiffs don’t. The area of the law is called Probate and specializes in wills, disposal of assets and contestations if will aren’t clear or the family isn’t happy with the outcome.
The legal process can take months and devastate families. The infighting resulting from the lack of a will, or lack of a clear will can cost thousands of dollars to sort out.
It isn’t expensive to create a will, in fact you can so it yourself if you want to. You will just need to have it correctly notarized and checked in order to ensure it is as clear as possible. It can be written freehand or a template can be downloaded from one of the many free examples on the internet.
The process is pretty straightforward as long as you do your research. Your local courthouse can offer advice and will often have information packs to assist. There are also companies on the web that offer will writing ‘kits’ that contain the necessary forms and information to enable you to write a legally binding will.
If you plan on writing you own, then this advice will help you on your way.
The paper will need a clear title. The traditional one is “Last Will and Testament”, which you should use. Underneath the title the statement begins. Add your name, age, address and social security number.
Underneath that the traditional statement is “I am of legal age to make this will and am of sound and disposing mind and memory”, so I suggest using that. It just illustrates that you knew what you were doing when you wrote the will.
Next add something like “not acting under duress, menace, fraud or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made.” Just to further clarify you know what you’re doing and aren’t being forced into anything.
Now fill in the details like what you intend to leave to whom and any other details. Last come the most important aspect of the document, the signatures. To make it legally binding and beyond reproach it has to be signed by you, in front of two un-related witnesses who also have to sign. Get a notary to witness the signing for extra legal weight and it’s all finished!
Don’t forget to tell people you have written one and where it is stored. Make sure it’s somewhere like with your lawyer or in a bank deposit box, out of the way of curious eyes though!