Why Should I Have A Will?

March 8, 2022

There comes a time in every person’s life when they need to get serious about their estate plan. Writing a will is fundamental to ensuring your wishes are carried out after you die, whether they relate to the distribution of your property and assets or the care of your minor children.

Regardless of your age, medical history, and marital status, a will offers peace of mind and could save your loved ones from undue stress and expense. Let’s explore wills, what they are, and why they matter in more detail.

What is a will?

A will is a legal document that outlines what you wish to happen to your assets and young children following your death. If you do not have a will, there is no guarantee that these wishes will come to fruition. What’s more, your nearest and dearest may be burdened by the emotional and financial toll that comes with settling your affairs.
Wills are not all created equally, and some are more widely recognized and legally binding than others.

Who needs a will?

The short answer: every single person needs a will. It doesn’t matter if you don’t own property or investments; a will is still a vital legal document that benefits you and your family. If you are older, unwell, married, a parent, a property owner, or a business owner, writing a will is even more important.
It’s also essential to re-visit your will if your life circumstances change – if you have a child, inherit a property, or divorce your spouse, for example.

Why should i have a will?

Wills are not just for the wealthy or individuals with high-value assets. Everyone should have a will, including you. Here are some of the reasons why:

You can decide who your assets are passed on to and how they are divided.
You get peace of mind knowing your most valuable assets won’t end up in the wrong hands – an ex-partner you have separated from or an estranged family member, for example.
You can choose who will care for your minor children. If you do not have a will, this decision will be left to the court.
You protect your heirs from the lengthy and potentially complicated process of securing access to and transferring your assets.
You can minimize estate tax through strategic estate planning. For example, you might donate to a charity.

What type of will is best?

The best type of will is what’s known as a testamentary will. This is a written will and the most common type. You can create a testamentary will yourself; however, to ensure your wishes are carried out, have it prepared by an experienced estate planning attorney. Keep in mind, your will must be signed in the presence of witnesses.
Other types of wills include holographic wills ( i.e. , a handwritten will), oral wills (not valid in Colorado), pour-over wills, and mutual wills. These less common types of wills usually serve specific purposes and should be avoided unless advised by an attorney.

What can i include in my will?

Your will should include how you wish your belongings to be distributed. This includes things like the property you own, cash in your bank account, businesses, investments, and other higher-value or sentimental possessions.
A will can also include any charities, institutions, or organizations you would like to direct all or a portion of your assets toward.
Finally, a will should detail who you'd like to become the guardian of your young children if you die.
It’s worth noting that some of your assets are not covered by the instructions in your will. For example, you cannot nominate beneficiaries for your life insurance policy payout. Nor can you specify the distribution of investment accounts that have already assigned the ‘transfer on death’ option.

What happens to jointly owned property?

If you own property jointly with your spouse, you likely have a right of survivorship. This means that if one spouse passes away, the other receives full ownership of the property. The right of survivorship can also apply to joint ownership involving unrelated individuals.
If your spouse will obtain everything after you die without a probate proceeding, do you really need a will? Yes. You absolutely do, and here are three reasons why:

Suppose you and your spouse die simultaneously. Without a will, your property may end up with someone other than your desired heir.
While you might own your home jointly with your spouse, your other valuable possessions might be yours and yours alone. Even if you share everything with your partner, there is still the possibility of an unexpected windfall before your death.
If you hold all of your property in joint tenancy, you may not be able to take full advantage of tax-saving estate planning strategies.
While holding property jointly with a spouse seems like the obvious thing to do, it can lead to undesirable results in blended families, such as the inadvertent disinheriting of the first-to-die's children.

What happens if i die without a will?

If you die without a will (called intestate), the state will typically use a formula to determine the distribution of your assets. In most cases, half of your estate will go to your spouse or partner, and the other half will go to your children.
However, time- and energy-consuming complications can arise. For example, the state may mandate the sale of your family home or assets to ensure even distribution. Or, if your children are minors, representatives nominated by the state will protect their interests.
Dying without a will can result in higher taxes, too.

The bottom line: you need a will

To ensure the best possible scenario plays out after your death, you need a will. A will not only protects your property and assets, but it alleviates any burdens on your family members.
The good news is, preparing a will that clearly outlines your estate planning wishes doesn’t have to be difficult or stressful. With the help of a trusted and experienced estate planning attorney, you can safeguard your belongings and protect those nearest and dearest to you. Even better, in some cases, you can leverage estate planning approaches to save money.
If you would like help preparing your will, reach out to the friendly team at The McKenzie Law Firm today. We would be more than happy to help or to answer any questions.

What Next?

If you think it might be time to think through your estate plan, you can:

Give us a call at 720-821-7604 to schedule a "Discovery Session" at which we can determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
Visit our estate planning page to learn more about how proactively thinking through your estate plan can protect you and your family, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
Get a copy of our estate planning checklist to see where you currently stand.
Learn more by reading our blog or watching our videos.