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Having a will is arguably one of the most important things you can do for yourself and your family. Not only can a will legally protect your spouse, children, and assets, it can also spell out exactly how you would like things to be handled after you have passed on.
While knowing your local laws is key, you don’t have to be an expert to write your will. You can contact an estate planning attorney near you who can help you craft your wishes into a legal document.
If you die without a will, you are considered to be intestate, and government law dictates who receives your assets upon your death and who will look after your minor children. These decisions may be against your wishes and leave loved ones in financial hardship.
Reason 1: To Be Prepared
In the event that something happens to you, a will ensures that your legacy and your wishes are prepared for your family. You can change your mind (and your will at any time) if your life circumstances change. Life changes, such as births, deaths, and divorce, can create situations where updating your will is necessary.
Reason 2: To decide how your estate will be distributed
A will is a legally-binding document that lets you determine how you would like your estate to be handled upon your death. If you die without a will, there is no guarantee that your intended desires will be carried out. Having a will helps minimize any potential family fights about your estate and determines the “who, what, and when” of your estate.
You can disinherit individuals who would otherwise stand to inherit. Most people do not realize they can disinherit individuals out of their will. Yes, you may wish to disinherit individuals who may otherwise inherit your estate if you die without a will. Because wills specifically outline how you would like your estate distributed, absent a will your estate may end up on the wrong hands or in the hands of someone you did not intend.
Reason 3: Provision for your children
If you have minor children, you can designate guardians for them. This ensures your children will be cared for by the people you choose. Without one, the court will take it upon itself to choose among family members or a court-appointed guardian.
Having a will allows you to appoint the person you want to raise your children, or better, make sure it is not someone you do not want to raise your children.
Reason 4. To assign your executor
This makes it simple for your family and allows you to determine who will distribute the assets from your estate. Executors make sure all your affairs are in order, including paying off bills, canceling your credit cards, and notifying the bank and other business establishments of your death. Because executors play the biggest role in the administration of your estate, you’ll want to be sure to appoint someone who is honest, trustworthy, and organized (which may or may not always be a family member).
Reason 5: To simplify the process for your loved ones
Losing a loved one is a difficult time, and a will may help the surviving family ensure that the loved one’s wishes are met and the estate is distributed in a timely manner. All estates must go through the probate process, with or without a will. Having a will, however, speeds up the probate process and informs the court how you’d like your estate divided.
Reason 6: Charitable giving and estate taxes
The final reason to have a will is because it allows you to minimize your estate taxes through charitable giving. The value of what you give away to charitable organizations such as CHHA will reduce the value of your estate when it’s time to pay estate taxes. Gifts in your will also allow your legacy to live on and reflect your personal values and interests.
Where to go for more info
There are many types of wills that may help communicate your financial or healthcare wishes upon death. It is best to consult an estate attorney to review all the considerations. For more information, you can check out some online resources like www.willful.co or www.willpower.ca.