Writing a Will

Most of us like to live in the present, rather than thinking about the future! Though we try to postpone the thoughts of future, or to be precise, about the situation when we are no longer on this earth, we know in our hearts that we have to give it a serious thought someday! Writing the last will is one of the ways of securing the future of your loved ones; it also benefits the testator. After all it is the testator whose hard-earned property has to be distributed; he would obviously not like it to fall in the wrong hands! A living will on the other hand makes sure that your wish regarding yourself is fulfilled even if you are not in the state of expressing it.

Writing a will yourself, whether it is the last will or a living will is no doubt a painful task, but you need to keep in mind that without a will your loved ones may be denied of their right, in case of a last will. But how to write a will? You cannot just decide one day, write your will and tell your heir(s) where it is kept. It won't be considered legal.

Difference Between Living and Last Will

For most of us, a will is a legal document which ensures the righteous distribution of a person's property, as per his wish. This definition is right in case of last will and testament. However, there is another type of will known as the living will; the above statement does not hold true as far as living will is concerned. There is vast difference between living will and last will, it is very necessary to understand the difference clearly before writing a will. So what is a living will and how to make living will?

Living will, also known as advance directive, advance health care directive or advance decisions is will written by a person specifying the medical decisions that should be taken when he, the testator is unable to take decisions for himself, due to incapacity or illness. The testator does not mention anything about his property or its distribution in a living will, he only gives detailed instructions about the medical treatment he should receive. A living will is based on the religious beliefs of the testator, his views about certain treatments, his goals of his health care, etc. Now that you know all about types of will, let us now see how to write a will, a living will to be specific.

How to Write a Living Will

Writing a will yourself, or writing one without a lawyer is possible in case of both the wills. For writing your own will, either living or last will, you will need two witnesses who are not the beneficiaries, who are disinterested in the will. Without witnesses, the will won't be considered legal, except for the state of Pennsylvania. In Pennsylvania, you do not need to have witnesses for signing the will. The following are the commonly added clauses to a living will.

• I would want my doctor be:
• I would like to receive health care from only this clinic
• I would not like the use of these devices (mention the devices)
• If I am not responding to any treatment, if I am dying, I would want to:
• If I am in coma, I would want to:
• If I have a chance of recovery, but I am unable to speak for myself, I would want to:
• If I am completely dependent on others for fulfilling my basic needs also, I would want to:
• I would like to die at:
• I would wish my body to be cremated, buried:
• I would like to donate these parts of my body when I die.
• Other death wishes

These were some of the common clauses which are added in a living will. Some also add the clause,"If I suffer an incurable, irreversible illness, disease, or condition and my attending physician determines that my condition is terminal, I direct that life-sustaining measures that would serve only to prolong my dying be withheld or discontinued." in their living will. When you have decided which all clauses you wish to add in your living will, discuss it with your physician and family. Make a final draft, sign it yourself and ask the witnesses to sign it, it is also better to have it notarized. Distribute the copies of the will to your physician and attorney. Keep the original copy safe. You might need to change the will after a certain years, depending on the situation of that moment. Nowadays you even get ready-made living will templates online, you can download such a template for reference.

Writing a living will thus ensures the testator about his wish being followed even when he is unable to express himself. Living will and last will, both are equally important; it is strongly recommended that you make both the wills.