Wills are not the most popular topic and that is understandable. Talking about one’s motality is not high on the list of many individuals’ topics of discussion.
I know. I used to sell life insurance.
No matter how unpleasant the subject may be however, it is one that needs to be addressed. having a last will and a living will can eliminate a lot of heartache and difficulty from your loved ones’ lives.
A living will very simply is a statement of how you would want to be taken care of if you were to become incapacitated and unable to care for yourself or attend to your business matters. Having one can greatly simplify the handling your business affairs and health concerns.
Just like with a last will a living will has to be validated that you were of sound mind when it was signed and that you were not under duress when it was initiated.
A good way to look at it is, a living will is speaking for you at a time when you cannot speak for yourself.
Even though the will is signed and validated it can still be challenged just as a last will can. If it can be proven that the the document was signed under duress or the person for whom the will is for was not of sound mind when they signed it.
If you recall several years ago Terri Schiavo, a Florida woman who became incapacitated and was living in a vegetable state on life support had no living will. Her husband and the woman’s family engaged in a legal battle for several years over whether to disconnect her from life support.
The husband said that she had stated that she would want to be disconnected but her family said that she would not.
The battle gained national attention and made it’s way all the way to The White House when then President Bush, signed legislation to keep Ms. Schiavo alive.
Not having a living will played a major role in this situation. The parties involved had to attempt to prove what Schiavo’s wishes would have been.
A living will would have simplified the matter entirely.
I am sure I don’t have to tell you how important a last will is but I will anyhow.
It has been said that money is the root of all evil. Not having a last will and testament will take the evil quotient up a few notches.
If there are any substantial financial assets left by the deceased, not having a last will can prove to have disastrous results. Even with a will , if it’s validity is contested, the ensuing legal battle could last for years.
Without a will this situation could be greatly multiplied.
In conclusion, it is very important to have both a living will and a last will. Your family and loved ones will thank you .