The Legacy Will, also called an ethical will, communicates nonmaterial bequests after death. Material possessions are passed on after death through action of laws guided by such legal documents as wills and trusts. Unlike legal wills that transfer worldly possessions, a Legacy Will addresses nonmaterial bequests: values, wishes, ideas, and personal history to family members and other loved ones.Your Legacy Will is a separate document that accompanies your other Estate Planning documents: legal will, trust, powers of attorney, health care directive, etc. This website describes the Legacy Will and includes a toolkit to assist you in creating your own.

An ancient tradition stemming from Biblical times, wills traditionally served as a tool for communicating last wishes and sentiments concomitant with the passing on of land, wealth and possessions. Traditional wills have evolved into various estate planning tools with characteristics that shift with changes in tax and probate laws. During this evolution the documents left behind by even the most carefully planned estates are intentionally devoid of sentimental words and thoughts. Lawyers are taught to construct trusts and wills with careful, unambiguous language to avoid emotionally and financially costly disagreements among beneficiaries. As a result, the modern estate plan is a distinctly unsentimental series of legal documents designed to transfer worldly possessions with a focus on minimizing tax and probate expenses. The Legacy Will is a separate document which ensures that the most valuable legacy – feelings, values, ideas and family history – are passed on to loved ones and future generations.

Like the messages conveyed, the benefits of a Legacy Will are both profound and intangible. Legacy Wills provide comfort and closure for those left behind. A will reading has become an expected ritual after death. Heirs are invited to gather as an attorney or executor reads the final documents. In the case of the typical will or trust reading, words such as “beloved wife” and “loyal son” have been deliberately left out and replaced by legal terms such as “successor trustee.” The bereaved can be left bewildered by the impersonality and strictly financial tone of this last message. The Legacy Will, however, reinforces the fact that one’s true legacy is intangible, not the money or possessions left behind. With a Legacy Will, one has an opportunity to make gifts that live on in the hearts and minds of loved ones and friends. The thoughts and messages conveyed become a treasured legacy.

The writer of the Legacy Will stands to benefit both emotionally and physically. According to research done by University of Texas psychology professor, James W. Pennebaker, writing about deep feelings can markedly improve immune function (Pennebaker, J. Opening Up: The Healing Power of Expressing Emotions. New York: Guilford Press, 1997.) Creating a Legacy Will imparts a sense of control and closure to the writer over something people simply do not have much control over -- death. By distilling important issues and documenting family history, the concept of death is confronted in a positive and proactive way. Preparing oneself and loved ones for death is not a strictly financial endeavor. As part of the carefully planned estate, the Legacy Will is a tool for caring for the emotional, intellectual and spiritual concerns of friends and family.

Despite the benefits of writing a Legacy Will, it can be daunting to muster up the courage and effort to document your deep sentiments. But it is also an opportunity for measured introspection and improved self-knowledge. Moreover, unlike the other components of your estate planning process, (e.g., trusts, traditional wills, insurance), your Legacy Will does not require money, substantial legal study or professional assistance. Time committed is highly varied: it can be accomplished in fifteen minutes or fifteen hours. Each person is best capable of making one’s own cost-benefit analysis of when, how and whether to create a Legacy Will.