Tips on writing wills?

[blackholesunwontyou]

I need to write a will but what's the easiest way to make it legally binding. Do I have to go to someone? What should I do to avoid people knowing what I'm doing?

 

[Seneca65AD]

It really depends on jurisidiction. The majority of Canadian provinces and about 1/2 of US states recognize "holographic" wills (completely handwritten, dated and signed by you); but those types of wills are the easiest to contest. You can buy "will kits" in book stores and off Amazon but thoser are usually recipe for disaster due to poor instructions and their attempt to create a "one size fits all" product.

Easiest way to make it legally binding is hire a lawyer who does wills. Wills are frequently "loss leaders" to get the person in the office door and then they can be upsold on estate handling and administration. Cost is dependent on the amount and type of assets; i.e. land, trusts, etc. usually are the most work while bank accounts and items are usually the easiest to deal with.

Now, the big question is how to avoid people questioning your intentions....simple, don't tell them your intentions. Doing a will at any time is usually considered responsible life planning with no reason required. So, as long as you are an adult in your jurisdiction then I can't see any one asking why you want a will.

 

[yotaka]

Does anyone have advice on content and wording for a self-written ("holographic") will? My main concern is making sure my family can have all my possessions and money if they want.

 

[Seneca65AD]

Sorry for the constant "replay" of "it all depends on jurisdiction". Not married (no partner), no kids, I can say that I would expect the estate to transfer to the parents even in cases of intestacy ("no will"). Regarding the "holographic" will, determine if your jurisdiction allows it. If so, I recommend then turning your attention towards anyone who may be able - or even want to - contest the will. If you think of someone who would cause problems with the will, then I would forget about holographic will and go with the more standard notarial will.

Also, you will have to identify "family" - most jurisdictions use something called a Table of Sanguinity which is used for Probate issues (and to make sure that your fiance is not too close to you on the good old family tree). Typically parents get a portion of the estate, then the siblings, (assuming no partners or kids).

If you still want to use the holographic method, my thinking is shorter is better than longer. I did estate litigaiton when a newby 30 years ago and the biggest issues were caused by conflicting sentences in the will. Nice and simple usually prevents issues. Of course if your family is sane, then it really doesn't matter if your will is even probated because stable families simply carry out the terms of the will without any court authorization. Also, the more stuff you have, the higher the likelihood of someone perhaps contesting the will - and the last thing you want is lawyers to get involved.

Good luck!