Often, when someone wants to write a will, they wish to leave special instructions or special designations regarding tangible personal property or merely specific goals and objectives. Many of these goals are non-legal and sentimental in value, and they do not deal necessarily with material objects. Far too often though, non-material issues outweigh the value of objects and money.
There is a relatively simple document to prepare called an Ethical Will that addresses these desires. There is no set form, proper signing requirements or any other legal implications of establishing this document. When one of my clients recently requested information on writing an Ethical Will, I merely gave him a blank sheet of paper and told him to write what he felt was important. This document may be kept his legal documents, including his Will, and all information will be shared at the time of his death.
Things to consider when drafting an Ethical Will follow:
- What family traditions have been passed down over the years?
- What religious or family ceremonies are meaningful, and what effect do they have on your life?
- What values do you want to pass on to the next generation that may have been learned from your parents?
- What are the most meaningful changes in the world that have occurred that you recall?
- What are your proudest or unhappiest moments?
- What decisions did you make that caused life altering changes?
- If you had to do it all over again, what might you change?
- What do you hope people will remember about you?
- What are some of the feelings you may have had that you have not shared with others?
- What did you not accomplish that you hoped would have been completed prior
to your death?
An Ethical Will conveys information, feelings, and values to those who read the document. You may wish to specify who should or should not read it, and you may have different Ethical Wills for different family members. There is no inventory to complete or account to prepare relative to this Ethical Will, nor is it offered as part of the probate process. It is designed to provide information, direction, and an honest assessment of your feelings to pass down to others.
It is important to understand that along with all other planning concepts, if this one is not attended to, there may not be time to complete it when you’re ready. This document should be prepared you’re competent, not under influence of medications or a life-threatening or life-ending decision making process.
By: Hyman G. Darling, Esquire
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