Let’s talk about why you should write a Last Will and Testament, what it entails, and how it fits into your overall financial strategy.
What you’ll discover:
What is the definition of a Will?
What may I include in my Will?
What may I exclude from my Will?
Can I amend my Will after it has been signed?
What happens if I pass away without a Will?
Life is unpredictable: Make a Will today.
Nobody hates to think about death, particularly when they are young and healthy, yet tomorrow never comes. Leaving this world unprepared might cause bewilderment and financial hardship for your surviving loved ones. That is why, even though it will not take effect until after you die, it is important to consider your Last Will and Testament as part of your overall financial strategy.
Your estate, which comprises your possessions and financial issues, will survive you. So it seems to reason that you should approach your estate with the same attention and forethought as you do your work, investments, and retirement plan. You can’t take it with you, but wouldn’t you rather have a voice in how your estate is handled when you die than leave it up to the courts?
Let’s talk about why you should write a will, what it entails, and how it fits into your overall financial strategy.
Table of Contents
What is the definition of a Will?
A Last Will and Testament, often known as a Will, is a legally enforceable document in which you specify how your money, property, and other assets should be handled after your death. It’s also a good moment to pass on precious artifacts or personal notes to loved ones. Your Will is not effective until you die.
You must be mentally competent to write a legal Will. For example, if you have been diagnosed with dementia, you may not sign a Will. In most jurisdictions, at least two witnesses 18 or older are required to witness the signing of the Will and swear for your mental competency. Although it may make sense to have many Wills, each addressing various areas of your estate, it is critical that the Wills do not contradict with one another.
In your Will, you will identify beneficiaries, who are usually family members or close acquaintances who will get a piece of your wealth. You may also leave assets to charity organizations and nonprofit institutions like hospitals, colleges, and cultural institutions.
Finally, you must choose an executor to your estate, who will distribute property according to your instructions, pay your debts (preferably with monies put aside for that reason), and generally reflect your objectives as specified in your Will. This might be a family member or someone you trust, but they must be organized and responsible.
What may I include in my Will?
Aside from identifying beneficiaries and an executor, the three primary components of a Will are:
Assets. This covers practically all of your possessions as well as everything of worth, such as bank accounts, stocks, autos, and family treasures.
Real estate. The word “real property” refers to land, houses, and other structures that are related to a physical place.
Guardianship. If you have small children or other dependents (including pets or livestock), it is essential that you designate someone to be their legal guardian in the case of your death when writing your Will.
What may I exclude from my Will?
Your Will does not have to mention everything about your estate. If you already have a Living Trust, you do not need to include anything in your Will that is listed in the Trust. Other issues that do not need to be addressed in a Will are:
Property held under shared tenancy with survivorship rights. When you die, the principal dwelling you and another person with the right of survivorship jointly possess becomes the exclusive property of the other person.
Policies on life insurance. These already have identified beneficiaries, so you don’t need to do anything further in your Will regarding these plans.
Accounts for retirement. IRAs, 401(k)s, and other pension or retirement accounts have specified beneficiaries as well, so you do not need to include them in your Will.
Can I amend my Will after it has been signed?
People may and often do modify their Wills several times over their lives.
These revisions, also known as amendments, often reflect important life events such as marriage, divorce, childbirth or adoption, or a change in assets. There are two methods to update your Will: draft a new one or amend an existing Will using a supplementary document known as a Codicil. If you wish to make significant changes, you should draft a new Will and burn the old one. A Codicil may suffice if you just wish to make small modifications, such as updates, additions, or removals.
What happens if I pass away without a Will?
If you die without a Will, your estate will be split in accordance with your state’s probate rules, or for real property (such as land or a house), in the state where the real property is situated, regardless of your wishes. Without a Will, any property that is not in a Trust will be governed in accordance with specific considerations, such as:
What is your marital status?
Your residence state
Whether or whether you have small children or other dependents.
Your obligations
Furthermore, before transferring your remaining assets to your heirs, a court-appointed executor must normally utilize monies from your estate to settle your obligations and any court expenses. Furthermore, the beneficiaries will be selected by state law rather than your choices. Writing a Will now, even if you think you’ll need to amend it later, is a terrific way to save your loved ones the additional time, money, and complexity of the probate process.
Life is unpredictable: Make a Will today.
It is difficult to face our own mortality, but it is necessary. If you’ve established a household budget, an emergency fund, and a retirement fund, you should also prepare an estate plan. The Last Will and Testament is not the only estate planning instrument available, but it is often considered to be the most significant. If you have any legal issues concerning Wills, please contact an attorney.
