In theory, a will sounds like it should be a relatively simple document to create. In essence, it’s a document that captures the last wishes of an individual and how their estate to administer after they pass away. In practice, a will is a document that takes time to put together. Why is that?
1. Nobody likes to think about death
Probably one the biggest hurdle which prevents individuals from turning their minds to drafting their will is that inevitable connection to be made with death. In some cultures, bringing up the possibility of having a will is seen as wishing someone’s death. For that reason, wills are cloaked with that aura of negativity and are often put to the back burner. Interestingly enough, the same stagnating factor (death) can also be a motivation for some who may feel that their days are numbers and want to put their affairs in order.
2. Important decisions are involved
Who will get the hockey card collection? Who will receive the jewelry collection? Drafting a will forces the testator to turn its mind towards challenging questions. Maybe the hockey card collections or the jewelry aren’t complicated items, but what about selecting legal guardianship for minor children? How about determining who will be your estate trustee? All these questions can make us reconsider more than once our choice and bring about “analysis paralysis.”
3. “I can do it tomorrow”
“Don't put off until tomorrow what you can do today.” How often have we heard that saying? However, despite all its wisdom, this saying is often abandoned when it comes to drafting a will. And it’s understandable for a young adult or a young parent in relatively good health: there’s no real urgency. Days becomes weeks, weeks become months, and months becomes years, after which there. Simply put, the passage of time seems to have an inverse correlation with the motivation one might have to do the leg work regarding their will.
After noticing these tendencies in my own practice, I decided to tailor my approach to people’s reality. Not only is there a questionnaire provided to the client, I take the time to fill it out with my clients. It’s amazing to notice the relief in their voice knowing that a lawyer is there to assist them and guide them in their decision-making process. It doesn't remove the burden associated with drafting a will, but at least the burden is now shared.