Many Christians suffer in many areas of their lives because of their failure to handle
finances properly. The Bible has much to say about money and our proper use of it
as good stewards of what the Lord has entrusted to us (Psalm 24:1; Luke 16:11). We
need to begin our considerations of good stewardship with the first step in planning
and the last statement of our priorities: The Last Will and Testament.
I have concluded that it is not for lack of information that most Christians have
not make WILLS, but rather that the "information" they have is full of false notions
about WILLS. Let's deal with these notions and try to provide some clarity. It is
my intention to thereby encourage Christians to begin their financial planning with
their WILL.
1. If people die without WILLS the law usually distributes the property in about
the same way that they would have.
WRONG: The law has very little compassion built into it, and assumes that everyone,
including your nearest relatives, will act "unseemingly." Settling your estate will
therefore be costly, inconvenient, and restrictive. The law will not distribute your
property based on who is the most needy or worthy, and will give absolutely nothing
to the church or any charitable effort.
2. Only people with dependents need WILLS.
WRONG: A WILL is for anyone who has property and wants to direct where and to whom
it will pass.
3. Only rich people need WILLS.
WRONG: Even if your property holdings are small to modest, making sure that your property
is dealt with according to your wishes is important.
4.
If I die without a WILL, my relatives know my
wishes and will distribute my property accordingly.
Wrong: If you die without a WILL, your property will be distributed legally as the
State in which you live directs, and not according to your wishes. Your relatives
will probably have little or nothing to say about your estate. In those instances
where the State is not informed and relatives make the distribution or property, they
often do not agree or cooperate.
5.
It is expensive to have an attorney draw up your
WILL.
WRONG: If you are apprehensive about the cost of a WILL, ask a number of attorneys
what they charge for drafting a WILL that meets your needs. Attorneys are not shy
about responding to questions about WILL costs if they know what you want to do with
your property. The fee will be a bargain in any case. The amount of money saved in
your estate, the aggravation and difficulty avoided by those who have to settle your
affairs, and the assurance that your wishes will be carried out by law, are all worth
the comparatively modest fee.
6.
Do-it-yourself WILL kits do away with the need
for lawyers and legal expenses.
WRONG: Pre-packaged WILL kits are legal and are becoming more popular as they are
being promoted by the mass media. However, the value of the lawyer and his expertise
in drafting the precise language to meet a particular client's needs far surpasses
the relatively small legal expense. Further, because WILLS must be executed in a precise
and formal way to be valid, it could be devastatingly expensive to the estate if not
executed properly because of the absence of competent legal advice.
7.
Holding property jointly with rights of survivorship
does away with the need for a WILL.
WRONG: Holding property jointly is a most reasonable and highly recommended method
of property transfer in case of the death of either party. However, joint tenancy
does not deal with the problem of a common accident in which both joint tenants die.
Neither does joint tenancy offer the many other advantages that a WILL offers such
as naming guardians for minor children.
8.
Witnesses must read the WILL before they sign
it.
WRONG: Witnesses are not required to, and are not allowed to read the WILL unless
given permission to do so by the testator. They merely witness that the document they
sign has been declared to be the testator's WILL, that the testator is of age, and
that the testator is of sound mind.
9.
Only the wealthy, and those with no close relatives
leave substantial gifts to charitable institutions, churches and schools.
WRONG: Many people can give substantial gifts to charity, churches, and schools in
their WILLS and provide for their relatives and dependents also. Most estate accumulations
involve more than the testator imagines and more than relatives and dependents need.
10.
A spouse cannot disinherit the other spouse without
good cause.
WRONG: A spouse can leave the other spouse out of his or her WILL. However, the law
in each State gives a spouse the right to take the share the State would give the
surviving spouse if there were no WILL. In other words, a spouse can elect to take
under the WILL or their statutory share against the WILL.
11.
Nothing can change the inheritance under a valid
WILL except a new WILL.
WRONG: The subsequent marriage of the maker of the WILL (testator) will automatically
give inheritance rights in the estate to the new spouse, even if the WILL is never
changed.
Let me repeat, a Last Will and Testament is the first step in planning and the last
statement of our priorities. A WILL is our opportunity to indicate our desire to be
obedient to the Lord even in death. A WILL can also contain clauses and phrases that
can be a testimony to the unsaved as your WILL is read. Additionally, there is a sense
of peace that comes from knowing that everything is in order if the Lord should call
us home before we have completed our plan financially. Do not procrastinate any longer!
Call your local Christian lawyer today, and make an appointment.