Making a will

Editor’s (@siloysays) note:  This was written by a non-lawyer and is not legal advice. It’s from a midlifer who simply wants things to be less complicated for those she loves, when the inevitable comes.

With unexpected passings, long after the wake, when the past is buried and the future awash with uncertainties, we sometimes hear the words, “I wish (s)he wrote a will.”

You probably believe this to be morbid, thinking about writing a will when you are in the pink of health. At your healthiest is the best time to write a will, and midlife is probably the closest you can get to perfect timing for estate planning. This is an idiot’s guide, addressing frequently asked questions.

But why should I make a will? I don’t have anything of value

It´s not just those with millions who get to pass on something. You, with your one bed and a set of sheets will still want to direct who gets that extra comforter. There might be things here and there that family or old friends will find comforting to have. Also, you don’t want the wrong people (think, exes) to get their hands on something you expected someone else to have.

It’s not just the physical. Many of your valuables are also electronically stored and collated. Passwords for email, bank, cloud and social media accounts are all valuable. Writing it all down on paper will make life easier for family to curate your electronic life. A will can also help your significant other avoid bureaucracy at a time when there’s already plenty going on.

 I can’t afford a lawyer. How do I deal with the legalese?

It is always prudent to engage the services of a lawyer, however if your situation does not permit you to do so, there are ways around this. Before getting to that, let us first discuss the types of wills generally accepted all over the world:

(1) A public will, drawn up by a municipal court or notary.

(2) A private will, under which falls three subgroups: a.) holographic wills (handwritten, dated and signed by yourself), b.) allographic/witnessed wills (also handwritten, dated and signed by yourself but now also signed by two witnesses), and c.) oral wills, admitted under extraordinary circumstances.

The easiest will to write by yourself is the holographic will and there are countless websites online that share templates that make it convenient for ordinary people to navigate the legalese. A few that I found helpful are Net Lawman,  Law Depot, Rocket Lawyer , and  Free Legal Documents.

It’s not as difficult as you think.  You will find that your country/region  would already have guidelines published online (see Europe). There are also numerous local online resources (example Philippine legal forms) to help you out.  All you need to do is look.

But who should I give it to? Who gets a copy?

After writing the will, where should you store it? I gave a copy to my sister and husband, the two people I trust most. This allows them a chance to compare their copies when the time comes to open it. I also stored a copy in my work locker, somewhere I am sure will be opened in case something happens. If I had a safety deposit box, that would also be a logical choice.

The bottomline is this: (a) Store your will in more than one place and (b) Make provisions to allow for comparison of copies. This helps in authentication.

Lastly, don’t forget to update your will regularly! There is nothing more comforting than sitting down at home, in the week after Christmas and before New Year with a cup of cocoa and doing an audit of your life. ♥