subject: Wills: The Importance Of Being Organised [print this page] Will Writing Will Writing
Will writing is most definitely one of those 'save-it-for-later' jobs. However, life (and equally death) is unpredictable. On that slightly depressing note, this is why having a clear will and testament is so vital. Especially if you have dependants. Perhaps you are not overly concerned about what your partner will do after you are gone; perhaps they have a high paid job and would not be worse off. Perhaps you are not concerned because you are married and you are aware that most of your estate will pass to your spouse should you die. However this definitely not an excuse, when you are gone the last thing you want to do is to add a battle over property, savings or even custody to the trauma of losing a loved one. If you are unmarried partners your spouse will have no rights to your estate in the eyes of the law whatsoever, therefore a Will is vital in this case. Be sensitive to how important a well written Will can be to your relatives. If the tables were turned you would want to grieve in peace rather than in the midst of the throes of a legal nightmare. Sometimes legal proceedings following a death where the individual has not left a will can last for months and even years.
Custody
Of the sticking points mentioned above, for parents, custody is one of the most prominent. If you are a parent, what would happen to your children should you not be there to care for them is an extremely prominent issue. You may want to leave your children in the custody of a family member, or another third party. Your children will not necessarily be cared for by who you want them to be should it not be explicitly stated in writing. If you passed away I am certain that you would want your children to be cared for by someone you trust so you know they would be in safe hands, rather than being taken into the state system. Also in terms of provision for their future, you may have savings for them and you will want to make sure that all your assets go to them, to someone who can keep their inheritance until they are 21, or to someone to help them pay for the costs of raising the children as their own and putting them through the education system. This is obviously all completely at your own discretion as to what you feel is the best route for you to take.
This is the most important point to be made; this is all your own decision and your decision only. You have this power now, and you should exercise it. You will not have any power after you are gone and you don't want to leave your spouse, children and extended family in a more difficult situation that they will already be in.
