Don’t Forget These 4 Elements When Writing Your Will
People often underestimate the importance of creating a Will – an important document that lays out your final wishes and establishes directives regarding your possessions for both family and legal authorities to follow after you are gone.
Often people will delay or avoid completing this important document–perhaps thinking there is plenty of time or that there is not much to divide or leave behind. Nonetheless, it is still important to have a Will, regardless of the size of your estate, so that you can ensure that your assets are correctly divided in a quick and efficient way after you are gone.
It is also very important that your Will is up to date with all new Virginia laws and includes all the information necessary for others to clearly understand your final wishes and instructions. As with any important legal document, you should be sure to have a qualified attorney help you in its creation—especially if your estate is larger or you have heirs that may not easily work together on the distribution of your assets.
Four Key Elements to Include When Writing Your Will
For any Will, there are four important elements to remember to place in the document: 1. guardianship designations, 2. heirloom assignments, 3. financial assignments, and 4. final directives. Each provides important information for a surviving spouse and/or children. Even if one element does not apply to your specific circumstance, it should be addressed, even if just to say it is not applicable.
Guardianship Designation
Make sure to speak ahead of time to a trusted friend or family member about becoming the guardian of your children if you were to die while they were still underage. This person should be clearly defined in your Will so that arrangements can be made quickly, with as little legal difficulty as possible.
Heirloom Assignments
This element of your Will allows you to lay out plans for any heirlooms, mementos, or any objects with sentimental and/or cash value, and pass them on to a specific family member or friend. Each assignment should specifically name the individual and, if possible, provide a clear description of the object to ensure that the right person receives the correct object. Defining this in your Will helps your family avoid squabbling over prized family possessions after you pass.
Financial Assignments
The distribution of your assets should be made as specific and complete as possible. Even if all of the assets are to be left to a surviving spouse, having a clear itemization of these assets in your Will ensures that those assets will be transferred quickly and without legal complications.
Final Directives
This is a catch-all category that includes any information that doesn’t fit into any of the other elements of the Will. It can include any final messages or specific comments that you wish to convey to your surviving family members or friends. But remember, DO NOT PUT YOUR FUNERAL DIRECTIVES IN YOUR WILL. The Will is usually read AFTER your funeral ceremony has been completed, so any instructions for your funeral should be kept separate from your Will and shared with family and the funeral home of your choice BEFORE your death.
Creating a Will is not something everyone thinks about, or even wants to think about. However, it is very important in making sure that your final wishes are carried out, and that all of your assets are properly and fairly distributed.
