You would be surprised at the number of people who don’t have one. Of course, part of this can be explained by the fact that people do not like to think about death – especially their own. So they put off preparing a will, and put it off, and put it off.
This is separate and apart from the number of people who have a will but have not updated it, to include changes such as a marriage, the birth of a child, grandchild, or changes in to whom they wish to leave something.
Then there are the people who say, I have nothing to leave anyone. Even so, a will appoints an Executor, so that someone you know and trust is managing your affairs, rather than a state agency.
As a matrimonial lawyer, I see this issue coming up all the time, from different perspectives. The person who has forgotten to take his/her former spouse out of a will. The person who needs a prenuptial agreement leaving something to a new spouse and to existing children from a previous marriage. Almost all of my clients need and can benefit from preparing a new will.
So, while you’re thinking about it, find a lawyer who specializes in trusts and estates, prepares wills, and does estate planning. Make an appointment for a consultation and just go in. He or she will know how to guide you and make the process less daunting than it may seem.
If you are thinking of Separation or Divorce and have questions on updating your Will, contact us.