Making a Will to Support Your Wishes – What You Should Know

May 19, 2014 10:59 am

Making a will is a big endeavour, but it is also extremely important. It is not a process that should be left to the last minute, as an unfortunate circumstance could mean that your loved ones are without instruction.

While it’s true that a simple document written out and notarized can constitute a will, this isn’t necessarily the best route to take. There are nuances involved with creating a will that a solicitor can help you to better understand. For example; what happens if the first person you designate Executor of Estate passes away? How is the family to handle owed taxes and bills?

It’s not pleasant to think about death and dying, let alone the planning that needs to occur for them beforehand. It reminds people of their mortality, and that can result in strong feelings. Nevertheless, like other important yet uncomfortable conversations, the lines of communication should remain open between you and your loved ones.

making a will

 

Why Make a Will?

The main reason to make a will with the help of your solicitor is to lay out plans for your material or monetary goods. Making out a will can also help you to:

  • Designating inheritances
  • Handling invoicing and bills
  • Handling custody or guardianship of children
  • Handling custody of pets
  • Handling trusts
  • Paying out to charities
  • Making arrangements for burial
  • Planning the funeral
  • Other smaller issues

While you may feel as if your loved ones could make these decisions for you, the sensitive emotions felt during the difficult time that falls after a death can make it difficult for anyone to make fast decisions. By making a will, you can allow your loved ones to spend the time healing and grieving for you, rather than struggling over decisions.Click here to get more advise.

 

Lack of a Will Can Slow Down Processes

Not having a will can also slow down processes after death. This can mean that your loved ones do not have access to the funds they need to survive or make arrangements for your funeral. It also means that someone must apply to become Executor of the Estate, a process that can take some time. This can sometimes leave families in limbo for days or even weeks.

Likewise, the process of creating your own will can be difficult and time consuming. This is why some individuals choose to engage a solicitor for assistance.
Designating an Executor of Estate

Considered by many to be one of the most important wishes to outline within the will, the designation of an Executor of Estate should be done as early as possible. It is incredibly important to ensure that the executor understand your wishes, and how you wish the will to be delivered.

In most areas of the United Kingdom, once an Executor of Estate is assigned, they are assigned for life. There are a few limited situations in which an executor can back out or remove the responsibility. Because this is usually a drawn out legal process, you should not choose an executor unless you are sure they will be able to handle the responsibility. You may choose up to four executors for your estate, or as few as just one.

 

Using Living Wills in Combination with Regular Wills

last will and testamentThe concept of a living will is a relatively new concept in history, but it has become increasingly more common. A living will can help to identify not only how your items and remains should be handled after you die, but also how to determine what medical interventions you may or may not wish to occur should you become ill or infirm.

As it is when you pass away, leaving important decisions to your family or loved ones can increase their stress while you are incapacitated, and may also mean that they make the wrong decisions. A living will is similar to an advanced directive in this way, but is not fully identical.

When making a living will, you can outline:

  • How you would like to be resuscitated
  • When you would like resuscitation to stop
  • Whether you wish for intervention at all
  • At what point to withdraw life support
  • At what point to withdraw food and water

It can be combined with a regular will to enable your family to make good decisions from the very first moment you are considered incapacitated.

In short, making a will is almost never a bad idea. It can help to reduce stress, and may even allow you to provide your family or loved ones with what they need once you are gone. While using a solicitor to guide you through the legal will process is preferred, it is possible to write your own will. The most important factor is that you have a will prepared as early in life as possible. It is easier to amend a will than it is for loved ones to make decisions on the fly.

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