Preparing Your Will: Step-by-Step: Difference between revisions
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Preparing Your Will: Step-by-Step (view source)
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* Do they appreciate the claims to which they ought to give effect? Put another way, if someone is being excluded from the will who would inherit a portion of the estate if there was no will, does the will-maker appreciate the effect of their decision? For example, if they leave their child out of the will, does the will-maker appreciate the effect of that decision? | * Do they appreciate the claims to which they ought to give effect? Put another way, if someone is being excluded from the will who would inherit a portion of the estate if there was no will, does the will-maker appreciate the effect of their decision? For example, if they leave their child out of the will, does the will-maker appreciate the effect of that decision? | ||
=== Who can be a witness to | === Who can be a witness to your will? === | ||
Your two witnesses must: | Your two witnesses must: | ||
* be age 19 or over, and | * be age 19 or over, and | ||
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* '''Signatures:''' The last section of the will includes the signatures of the will-maker and witnesses. | * '''Signatures:''' The last section of the will includes the signatures of the will-maker and witnesses. | ||
=== How detailed does | === How detailed does your will need to be? === | ||
Your instructions in the will should be clear and specific. | Your instructions in the will should be clear and specific. | ||
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}} | }} | ||
=== What should not be included in | === What should not be included in your will? === | ||
A will often isn’t read until after the funeral. As a result, most wills don’t include details relating to the funeral service. You should tell the executor or your family or leave a letter saying what kind of ceremony you want when you die, and whether you want to be buried or cremated. | A will often isn’t read until after the funeral. As a result, most wills don’t include details relating to the funeral service. You should tell the executor or your family or leave a letter saying what kind of ceremony you want when you die, and whether you want to be buried or cremated. | ||
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}} | }} | ||
=== Does the law say | === Does the law say you have to leave your estate to your family? === | ||
In general, you are free to leave your estate to whomever you want. However, the law does require that you make adequate provision for the proper maintenance and support of your spouse and children. Your spouse or children can apply to court for a portion of the estate that is "adequate, just and equitable in the circumstances." | In general, you are free to leave your estate to whomever you want. However, the law does require that you make adequate provision for the proper maintenance and support of your spouse and children. Your spouse or children can apply to court for a portion of the estate that is "adequate, just and equitable in the circumstances." | ||
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==Making the will== | ==Making the will== | ||
=== When should | === When should you make a will? === | ||
You can make a will at any time. You should make a will '''if you marry''' or '''if you start a family'''. Even if you don’t marry or have children, or don’t have significant property, it’s still a good idea to make a will so that you can leave your belongings to the special people in your life. | You can make a will at any time. You should make a will '''if you marry''' or '''if you start a family'''. Even if you don’t marry or have children, or don’t have significant property, it’s still a good idea to make a will so that you can leave your belongings to the special people in your life. | ||
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=== Do | === Do you have to get legal help to make a basic will? === | ||
With good [[Where to Get Help with Writing Your Will|do-it-yourself materials]], it’s not too difficult to make a will that takes care of basic concerns, such as leaving a home, investments, and personal items to loved ones. | With good [[Where to Get Help with Writing Your Will|do-it-yourself materials]], it’s not too difficult to make a will that takes care of basic concerns, such as leaving a home, investments, and personal items to loved ones. | ||
