Here is the uncomfortable truth we built this folder around: The Legacy Record is not a will. It is a planning folder. It records your wishes, the where-is-everything, and the letters you want your family to have. A will is the one legal document a court will enforce. You need both. This is a short guide on why that matters, and what to do about it this week.
This guide is general information, not legal advice. A short phone call to a lawyer in your country will tell you exactly what applies to you.
What a will actually does.
A will is a legal document. In most countries it must be signed in front of two witnesses, and sometimes a lawyer. Once it is signed properly, a court will enforce it after you die. A will tells the court:
- Who gets what. Your money, your home, your car, your family land, the gold bangle your mother left you.
- Who is in charge. Your executor, the person who carries out your wishes and talks to the lawyer and the bank.
- Who raises your children if they are under 18 (or the local age of majority) and you and the other parent die together.
- Any specific gifts. “My brother Michael gets the piano.” “My friend Pat gets the record collection.”
Without a signed will, a court cannot do any of the above. It will do its own thing instead, and the thing it does will usually not be what you wanted.
What happens without one.
Every country has rules for people who die without a will. These are called intestacy rules. The details vary, but the shape is similar everywhere, and the shape is bad:
- The court appoints an administrator, who may be a family member you would not have chosen.
- The estate is divided according to a formula set by law, not by you.
- Common-law partners often get nothing, no matter how long you lived together.
- Stepchildren get nothing, unless you had legally adopted them.
- Specific gifts are ignored. The piano does not go to Michael. The bangle does not go to your daughter. Everything is pooled and divided by formula.
- Charitable wishes are ignored. The church gets nothing. The school where you taught gets nothing.
- Guardianship of minor children is decided by the court, not you.
- Family land without clear title becomes a decade of arguments between cousins.
Make the call this week if any of these are true.
- You are not married but have a long-term partner.
- You have children from a previous relationship, or stepchildren.
- You have minor children.
- You own property overseas.
- You own family land that nobody has formally retitled since your grandparents.
- There is a specific item, or a specific person, you care about.
What the folder adds.
The Legacy Record does not replace a will. It does three things around one:
- It tells your family where the will is, who the lawyer is, and who you named as executor.
- It records the context: why you made the choices, letters to each person, the stories behind the specific gifts.
- It covers everything a will does not: bank accounts, passwords, pet care, funeral wishes, bills to cancel, the first thirty days.
Think of it this way: the will is the legal spine. The folder is the body.
How to actually make a will, this month.
You have three practical options, from best to last resort.
1. A lawyer (recommended).
Most family lawyers will draft a simple will for a modest fixed fee. You do not need a specialist for a straightforward estate. A phone call to the lawyer who handled your house or your family’s business is usually the right first step. The lawyer will need:
- A list of your assets and roughly where they are (the folder has this).
- Names and addresses of your beneficiaries.
- The name of your chosen executor.
- Guardians for any minor children.
- Two witnesses at the signing. The lawyer’s office usually provides them.
Typical turnaround: two or three weeks. Ask for the cost upfront so there are no surprises.
2. An online will service.
For a simple estate (one country, no blended family, no family land, no business), an online service that produces a lawyer-reviewed will can be acceptable. Costs are lower. Stick with providers based in your country. A will template written for one country is often not valid in another.
3. A handwritten will.
In most countries this is valid as a last resort, but the rules are strict and small mistakes invalidate it. Use only if you cannot reach a lawyer and something is happening soon. Have it reviewed and replaced properly as soon as you can.
Four common myths.
- “My spouse automatically inherits everything.” Not everywhere, and not in the proportions you expect. Children, parents, and sometimes siblings often get a share by default.
- “The will I made at 25 still works.” Review every five years, and after any of: marriage, divorce, a new child, a death in the family, moving country, buying a house, starting a business.
- “I’ll do it when I’m older.” Most people who die without a will did not plan to die that year. Fit, healthy people in their forties die every day.
- “An email to my family will count.” It will not. At best it is evidence of intent. It is not a will.
Your week.
One call this week to a lawyer, or one evening on a reputable online will service. Then update the Will and Legal Documents section of the folder, so your family knows the will exists, who the lawyer is, and where the signed original is kept.
A will takes an afternoon. It saves your family a year.
If you do not yet have The Legacy Record, you can see what is inside: what’s inside the folder.
Warmly,
The Legacy Record