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How to Make a Will: Frequently Asked Questions

When should I make a will?
As soon as possible. And having made one, you should review it from time to time to make sure it still clearly expresses your wishes. You can make small changes to your will by adding what is known as a codicil; major changes call for a completely new will.

If you marry, divorce, separate, remarry, or if you are widowed, you need to make a new will. Marriage and divorce normally make any existing will or part of it null and void; separation, on the other hand, does not. A new will is essential.

Can I do it myself, or should I get help?
You should consult an attorney. He or she will make sure that you don't leave anything out, and that your wishes are clearly expressed and recorded. An attorney will also help you get your will witnessed; he or she can be your executor, and can also keep your will safe for you.

Hand-made wills are often worthless because they don't stand up in law - it's better to pay an expert a small fee to draw you up a watertight will.

Is it expensive to make a will?
No. The fee for drawing up a will should be small Ð you can find attorney's names in the Yellow Pages, and phone to ask how much they charge before deciding who to go to.

If you appoint an attorney, accountant, bank manager, or another professional person to be your executor, they may charge a fee, which will be deducted, from what you leave.

Will I have to fight my way through a lot of legal jargon?
A good attorney will explain everything to you without trying to confuse you with legal terms. When your will is written, legal language will be used, and you should only sign your will when you are quite sure you understand it completely. Ask your attorney to go through it and explain in plain English any terms you don't understand.

How do I make my wishes clear?
Before you see your attorney, you should think through what you want to happen to your possessions after your death. Who do you want to remember in your will? Do you want to leave money to charity?
You don't need to work out exactly how much you own, unless you want to leave fixed amounts to different people or to charity. You can simply decide to leave portions of what you own to the people and charities you wish.

You may have special items - jewelry, for example - that you want to leave to certain people. Make sure you tell your attorney if this is so.

Can I change my will later on?
Yes - whenever you wish. You can either add to it, or draw up a completely new will, but in both cases you should use an attorney. Any changes in your life - marriage, divorce, births and deaths in the family - mean your will needs reviewing. As already explained, if you marry or divorce your will or part of it normally becomes null and void, and you need a new one.

What about tax?
Tax is deducted from whatever you leave above a certain value. The amount of tax, and the point at which it starts to be taken off, change all the time. But it's certainly not only the rich who end up paying it - if you own your home, the amount you leave when you die may easily be taxable.

However, any money you leave to charity will not be taxed Ð so as well as doing good, you'll be keeping your money out of the taxman's hands.

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In Defense of Animals
Office of Planned Giving
3010 Kerner Blvd.
San Rafael, CA 94901

Contact
Nicole Otoupalik
Tel.: 714-389-2823
Fax: 208-247-8687

Email: nicole@idausa.org