Personal Finance

Legally Binding Wills: Top Tips for Writing Your Will

Photo by Brett Sayles

When it comes to writing your will, despite being morbid, you need to make sure that everything included meets your wishes and details exactly what you want to happen once you are no longer here to give your own directions.

No one really likes to think about what happens to them should they pass away, and it’s not a nice subject to discuss with loved ones. However, it’s an important part of life, and if you have explicit wishes or anything you want to leave to others, then you need to make sure you are putting together a will that covers everything you need. 

These top tips for wiring a legally binding will help you ensure that you are doing everything correctly and that your wishes are abided by. 

Sound Mind

One of the issues with creating a legally binding will is that you must do so when you are of sound mind. This means that you aren’t being taken advantage of due to a health condition or cognitive deterioration that makes you more susceptible to someone talking you into making changes or decisions that you wouldn’t have otherwise made. This underscores the importance of making a will as soon as you can, especially in the event of a diagnosis such as dementia or Alzheimer’s, to ensure your wishes are respected.

Witnessed

When creating a will, it’s important to have it witnessed by two other people, who must also sign the document. This process ensures the will’s legality and minimises the risk of potential disputes. While it’s not mandatory, having a lawyer present during this process can provide extra reassurance. 

If you don’t want a lawyer present, you can get a notary to make sure the document is signed legally and cannot be contested.

Medical Care Funeral Wishes

Putting your funeral wishes into a will isn’t required or even legally binding, and these wishes cannot be enforced. However, you can make a living will that details what you want to happen in the event of your end of care. You should detail if you wish to be placed on life support, for example, delivered life-saving treatment, etc. You can refuse things like antibiotics or blood transfusions and request to be let go peacefully with no heroic measures used to keep you alive.

You can also discuss the funeral arrangements you wish to make. If you want a full funeral with specific requests such as music, colours, locations of burial, etc., you can request a cremation service only. Visit Website here to find out more about what a cremation-only funeral involves. 

Division of Assets

You need to explicitly detail how you want to divide any assets you are leaving behind and who gets any belongings you have or money you want to leave. Be explicit about the person and any options you want to include, e.g., grandchildren can access funds once they reach a certain age. The more detailed your will is, the less chance it will be contested, or people not getting what you want them to have.

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