Terminally Ill and Writing a Will

While no one wants to think about what they need to prepare for the end of their life, those who are terminally ill are forced to think about it sooner rather than later. Although at first this can feel quite shocking, you may also be coming to terms with the fact that it is time to create a will so that you know your assets and funds can go to those you love. A good attorney understands the great burden you may be feeling with a terminal diagnosis, but will be there to give you peace of mind when it comes to ensuring your possessions go to the right people. It can take a great amount of stress away to know that you do not have to worry about those you love after you are gone.

Why You Need a Will

You may be wondering if you even need a will. Why is this document so important? It is true that if you do not have a will then a court will likely make decisions on your behalf. That said, why would you want them to? For example, say you are unmarried but have a life partner or someone you have been with for many years. To you, it may seem obvious that you would want to give certain possessions to this person. However, without a will in place, there is no obligation for a court to give them anything. Creating a will is important (whether married or not, whether you have family or not) because it gives you the opportunity to say who gets what. 

What do you need to make a will valid?

Especially if there is a sense of urgency, you may be wondering what it will take to make a will valid. While you may be terminally ill, it is important that a few things are true.

  1. You are of sound mind. Just because you are sick does not mean you cannot make decisions for yourself. It is important that you have the mental capacity in place to make decisions regarding your will. 
  2. There is no undue influence. For a will to be valid, someone else cannot be forcing you or pressuring you to make certain decisions regarding assets and possessions. 
  3. Witness signatures. When you sign and date you will, you also need to follow the rules of your state regarding how many witnesses must be present to sign your will as well. 

While facing your own mortality is often scary, it can bring you great comfort in knowing that those you love are taken care of because you prepared. To see how a lawyer can help you with this, contact a wills and trusts lawyer, like a wills and trusts lawyer in Sacramento, CA, for more information. 



Thanks to Yee Law Group, PC for their insight into what to consider if you are terminally ill and writing your will.