Most adults recognise the benefits of having a will, even if they haven’t all got around to making one themselves yet. But it is important to make sure that the adults of tomorrow also know what a will is all about, and to that end you can teach them a lot by creating a last will and testament lesson plan.
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From the time a will is written until, after the writer’s death, all of his or he property is distributed among the heirs, the process of dividing the property of the deceased goes through several stages in the legal disposition of wills.
Promise To Make A Will
The earliest stage in the legal disposition of a will comes before the will has ever been written; it is a promise to make a will. This happens most often with spouses, who each leave their property to the other spouse based on a promise that the other spouse will do likewise. On other occasions, a promise to make a will takes place in the context of a credit transaction. A person who borrows money agrees, as a condition of the loan, to make a will leaving sufficient money to the lender to repay the loan.
Making Of A Will
The next stage in the legal disposition of a will is the actual making of a will. A will must meet certain technical legal requirements. The person who makes the will must be over the age of 18 years and must be “of sound mind” - that is, have an idea of what their property includes, who their blood relatives are, how they want to dispose of their property, and in what manner the legal disposition of the will will be made.
After The Will Is Made
The legal disposition of a will where the testator (the person who wrote the will) is still alive is that the will has no legal effect. The will only has a significant legal effect after the person who made the will has died.
Revoking A Will
The legal disposition of a revoked will is the same as if the will had never been made. The rules for revoking a will can vary depending on the location where the testator resides. In some places, a testator can merely state “I revoke this will.” In others, the testator must tear up the will or destroy it in addition to stating the intention to revoke the will.
Changing A Will
A testator can change his or her will at any time until death. The testator can either write a Codicil, or a document amending an existing will, or tear the old will up and start over from scratch. Any new will should contain a provision stating that the testator revokes all prior wills, just to be sure no old wills pop up unexpectedly.
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There are many legalities concerning making wills. There are legal requirements about the person who is making the will, who is called the testator, and the persons who receive the property, who are called the beneficiaries. Additionally, there are legalities concerning making the will, what has to be in the will, what form the will must take, and so forth.
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What if I put my health proxy online. Would anyone come to read it? Would it stand up in court? Would anyone care? What if my hard copy of the health proxy was lost? How many questions can be asked about this topic? Have you waited too long to write a health proxy or a living will or will? What stops you from writing one? Where is the next stop in life? Read all about this topic on health proxies and wills and the human spirit and human creativity.
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Every adult should have an Advanced Medical Directive or Health Care Proxy. This document provides for someone other than yourself to make medical decisions for you in the event that you are unable to make these decisions for yourself because of accident or illness.
I have had one in place for several years with my friend Margarath being the person to make my decisions for me. Margarath, my Medical Directive and I have known each other since High School. She knows exactly what I want should I be in a situation where I am unable to make my own decisions in regard to medical situations. She knows when to pull the plug so to speak.
Late last year I suffered a catastrophic health event and while my own Advanced Medical Directive didn’t come into play while I was hospitalized for my stroke, it could have. I did make it known that I had one because I did not want to relinquish my own control and I was very distraught about my situation when I was in the ER and did not like the doctor who was treating me in the ER.
You may wonder why I didn’t choose my husband or another close relative and it’s quite simple. If I am ever in a situation where my Advanced Medical Directive comes into play, I do not want my husband put in a situation where he will feel responsible for having to make the ultimate decision and then have to live with the “what if’s” that can be associated with that decision.
Choosing someone like Margarath was the best choice for me. This may not be your situation. You have to weigh your own situation as well as who you feel would best represent you in a medical crisis.
One mistake I did make was not letting my husband know that I had this document in place. This did create hurt feelings for him and I should have told him when I set the directive up.
If you are not clear on what an Advanced Medical Directive is and the importance it can play in your life, check with your attorney or estate planner. You can even do a web search to find out more valuable information on this very important document.
The Wall Street Journal has a state by state requirement list for Advanced Medical Directives that is worth checking out to find out what your state requires for this document.
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Anyone with children or any other people who depend on them should write a will. It is one of the best ways to ensure that your loved ones are cared for after you die.
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