Understanding and Drafting a Comprehensive Living Will

A living will is a critical document that outlines your wishes regarding medical treatment and personal care if you cannot communicate them at the relevant time. While enduring living wills and enduring guardianships are increasingly popular, it's essential to understand the differences and carefully consider your options before making a decision.

What is in a Living Will?

The content of a living will is not legally mandated, but it is typically related to medical matters, especially concerning incapacitation or death. Your living will should include your wishes regarding:

Resuscitation under various circumstances Life-sustaining procedures Pain management Organs and tissue donation upon death

For instance, your will may specify that you do not want aggressive resuscitation measures, or it can direct your nominated healthcare proxy to donate your organs if you pass away.

Steps to Drafting a Comprehensive Will

While the process of making a will can seem daunting, it is surprisingly straightforward. Here are the top ten points to consider and follow:

1. Ensure the Basics Are Covered

Make sure you include your full name and address as well as the names and contact information of the beneficiaries and guardians.

2. Perform a Complete Asset Calculation

Have a thorough understanding of your financial assets and any debts. This will help you distribute your assets appropriately and prevent potential disputes.

3. Select a Primary Guardian

Choose a primary guardian for your children or anyone else for whom you wish to provide care. It's important to consider their availability and ability to care for others.

4. Select an Alternate Guardian

Designate an alternate guardian in case your primary guardian is unavailable or unable to care. This ensures continuity and stability for those you wish to protect.

5. Enlist Specific Nominations

Specify beneficiaries for different types of assets, ensuring that your wishes are clear and that no one is unfairly left out.

6. Choose Beneficiaries

Appoint beneficiaries for your financial assets, ensuring that they are properly informed and prepared to manage the assets.

7. Select Charity Purpose

Indicate if you wish to allocate any portion of your estate to charity or a non-profit organization. This can be a meaningful way to leave a legacy.

8. Make a Note of Digital Assets

Appraise your digital assets, such as online accounts and devices, ensuring they are properly managed and accessible to your appointees.

It is also advisable to create a comprehensive inventory of your digital assets, including usernames, passwords, and any relevant documentation.

9. Define Your Execution Procedure

Specify the procedures you are going to follow in making your will. This can include designating witnesses and having the will notarized if required by law.

10. Seek Professional Legal Advice

Ensure that your will is properly drafted and that it complies with the laws of your jurisdiction. While do-it-yourself kits can be tempting, professional legal advice is crucial. A solicitor can help you navigate the complexities and ensure that your wishes are legally binding.

Conclusion

A living will and a main will are distinct but equally important documents. They ensure your wishes are honored and your loved ones are protected. Whether you choose an enduring guardianship or a living will, the key is to consider your options carefully and seek professional legal advice to ensure the best outcome.