Writing Your Will May Be Easier Than You Think

Death is in the periphery, unacknowledged, but it is a truth as certain as the setting of the sun.  All of us will die.  While the “how” is not up to us (under normal circumstances), the disposition of our body and our possessions are within our control.

Can you face it?

Sooner or later, you need to.  Yes, the law does provide for instances when there is no will (intestate succession) but you may leave more destruction and confusion in your wake (literally) if this is the path you choose.  But the law has given you an easy way out (again, literally), and this is through a holographic will.

I always imagine a hologram when I hear the term holographic will.  In my imagination, I see a dead person speaking from the grave, telling the ones he left behind how he loved them, how he lived, how he wants things to be, now that he is gone.  Kind of a love letter, and a confession at the same time; a bequeath, his last chance to be generous; an acceptance that everything is temporary and that he cannot bring things material, not one, to the great beyond.

According to the Civil Code, a holographic will must be entirely written, dated and signed by the hand of the testator himself.

To translate, the person writing his will must, simply, hand-write it, date it, sign it.

The beauty about this kind of will is that it could be a private affair – there needs to be no witnesses (in the United States, unwitnessed holographic wills are valid in 25 out of 50 States) – no lawyer or family, hovering and expectant, it can be in any form (a card, a poem, a biography, an odyssey) provided the intention to bequeath could be determined with certainty; it could be made with our without the assistance of a lawyer and it need not be notarized.

Are you ready?

Here are the things you should prepare when writing your holographic will:

1.  A list of everything you own. Start with real property (lots, houses and lots, or an interest in real estate, i.e., co-ownership), personal property (cars, jewelry, stocks, bonds, shares), cash on hand.
2.  A list of everything your spouse owns, if you have one, so there will be no doubt as to who owns what. You can now start to divide your property among your kin, leave your instructions, appoint an executor (and a substitute).  If your will is a living will, you can also leave instructions as to what your executor should do when you slip into a coma or become mentally impaired.  How long before they pull the plug?  Do they pull the plug?  Do you want to be cremated?  Where do you want to be buried? Do you want a celebration? A cry fest?  Your epitaph? It could be the littlest things and the biggest things and as long as you can write it, you can have it.

For probate (read: establishing the validity of the will), gather some of your hand-written letters or notes to prove your handwriting and signature.  Bundle it up and tie it with a ribbon and leave it with your will, which should be in a safe place.  Tell someone you trust where they can find it.

Part of wealth creation is wealth protection.  Through a will, you will be protecting the ones that you love – from the State, from others, from themselves.

Write one.  Now.