The subject of wills (and estate planning, generally) is one that many people avoid because it inevitably raises the subject of death. But when you have decided that you want to write a will, there are a few things that you should consider.
- Who will write your will? The more property you have, the more it would be to your benefit to use a lawyer experienced in estate planning who can advise you and ensure that your will does not fail because it was not properly executed. If you are going to go through the trouble of writing a will to save your beneficiaries from hardship after you are gone, then you must use the services of a lawyer experienced in such matters. An experienced lawyer can also advise you on other methods of transferring your property to your intended beneficiaries and reduce the burden of estate and probate taxes on your beneficiaries.
- Who will witness the will? You should choose your witnesses carefully. Choose respectable people who are not personal friends or family members as a precautionary measure. That way, if for any reason the will is challenged, the witnesses cannot be accused of bias or having an interest in the outcome of any associated dispute.
- Make sure that the will is clear and unambiguous. As much as possible, use the full names of beneficiaries, and be as detailed as possible in the listing of properties to be shared amongst beneficiaries.
- Videotape – it is a good idea to videotape the testator reading and signing the will just in case the mental capacity of the testator comes into question later.