Welcome to the Legacy Wills.com writer's guide. You have already begun the process of writing your first draft by reading this website. 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.

A Legacy Will can take a multitude of forms, from a short and simple handwritten letter to a lengthy and meticulously maintained journal. A Legacy Will need not be a lengthy or exhaustive expression of thoughts and feelings. A simple letter to loved ones expressing wishes, opinions, gratitude or forgiveness is sufficient. Writing a Legacy Will is a highly personal effort, and does not require a lawyer. No particular writing or grammatical skills are needed to compose a Legacy Will. Spelling and grammatical mistakes are inconsequential because it is the message that counts. A page or two in letter form is more than sufficient. Alternatively, one may create a more detailed Legacy Will, consisting of personal histories, accounts, family customs, philosophies or devotions.

There is no particular format or content in a Legacy Will. The format is limited only by your imagination: a document, a sound recording, video, a cookbook or poetry. Whatever format you choose for your Legacy Will, use a format that should remain intact for many years. Acid-free paper generally outlasts regular paper and computer disks. 

When to write or update a Legacy Will is a very personal decision. On one hand, there is no time like the present because death is sometimes sudden or preceded by diminished mental and physical capacities. In light of the importance of imparting final thoughts for loved ones, choosing if and when to write a Legacy Will is a personal calculation. Each person is best capable of making one’s own cost-benefit analysis of when and whether to create a Legacy Will. The following are typical times to consider:

Times of self study or reflection 
Motivation to preserve stories or customs 
Express forgiveness or apologies 
Desire to put thoughts into words 
Marriage or partnership 
Birth of child or grandchild 
Personal loss 
Relocation 
Separation/Divorce 
Medical condition or treatment 
Rites of passage 
Times of transition

CAUTION ONE: BEWARE OF NEGATIVITY
In creating your Legacy Will, consider your words and intentions carefully. Words of negativity, blame or anger can potentially create emotionally damaging results. Unlike words spoken in life, there is no longer an opportunity to apologize if someone is hurt by words in your Legacy Will. Times of negative feelings may not be ideal timing for writing a Legacy Will.

CAUTION TWO: STATE THAT THIS IS A LEGACY WILL NOT A LEGAL WILL
To avoid complicating your estate should anyone later seek to use your words to invalidate your legal estate planning documents or otherwise affect the distribution of your material bequests, be clear that you are writing a legacy will and not a legal will. Include the greeting language described in this website and double check with your attorney before including it with your estate planning documents.

Traditionally, wills have been addressed primarily to family or heirs. A Legacy Will can be addressed to anyone, everyone or organized by creating specific paragraphs or section for each individual beneficiary. Examples include: partners, spouses, children, special friends, “friends and family” or even “to whom it may concern.”

In the interest of privacy, you might want to create a general Legacy Will (e.g., addressed to "family and friends") and then write separate more private letters to individuals. You may wish to refer to private letters in your Legacy Will so that addressees will know about them.

Eg.: I have decided to write private letters to my daughters. These letters are attached in two sealed envelopes marked with their names: Emily and Susan.

Writing a Legacy Will can begin with a pen and blank paper, computer screen or microphone. Methods of creating a Legacy Will are almost as varied as the thoughts imparted. Block out at least an hour of quiet time. Follow your own inspiration.

Your GREETING is the beginning of your Legacy Will. It announces that this document is your legacy will (and not a legal will). It can be very important that you are clear that this is not legal will so that it does not confuse your estate plan. Check with your estate planning attorney!

EXAMPLE:

Dear family and friends,

I am creating this legacy will as a means to convey my gratitude, thoughts and feelings to you after my passing. Please understand that this is my legacy will and not my legal will. I do not intend for this document to alter or affect any legal estate planning documents I have created in the past or may create in the future. 

Follow your own inspiration. You may choose to discuss a wide variety of topics or simply say some words of goodbye. Your Legacy Will is entirely personal to you and only you determine its specific content. A good place to start is by creating a list of topics and/or individuals you may want to address. Write each topic at the top of a sheet of paper or on an index card. After you have said what you have to say about each topic, stack the sheets of paper or cards in the order you prefer and copy the contents into your legacy will. Examples of topics used by others include:

thanks, 
life events, 
apology, 
forgiveness,
admiration, 
insights, 
information, 
hopes, 
love, 
sorrow, 
happiness, 
appreciation, 
mistakes, 
life lessons, 
happy moments, 
important moments, 
funny moments, 
spiritual dedications, 
spiritual insights, 
family history, 
family customs, 
recipes, 
advice, 
jokes, 
favorites (books, music etc.), 
scriptures , 
goodbyes, 
quotes. 

After consulting with your estate planning attorney, a copy of your Legacy Will should be stored with your estate planning documents or someone else reliable such as a safe deposit box. Like wills, trusts, health care directives and powers of attorney, you should store important documents in a safe place and inform those near to you how to get access. Examples of storage locations: safe deposit boxes, with attorney, with trustee or executor, fire-proof safe or secure filing cabinet.

Some people choose to share their Legacy Wills while still alive. Depending on your personal circumstances, this may create an opportunity for a closer relationship. Alternatively, it may be stored in a sealed envelope with the instruction to only open after you are deceased. When to share your Legacy Will is a very personal decision.

Example One: March 14, 2014 by Elizabeth Marie West

Dear Angela, MC, Eric, Erin, friends and community,

I am creating this legacy will because I know there might not be alot of time left and I want to be sure I've said my peace before I go. Please understand that this is my legacy will and not my legal will. I do not intend for this document to alter or effect any legal estate planning documents I have created in the past or may create in the future.

Angela and MC, you are my gift from universe. Your births brought me two qualities I was unfamiliar with: peace and patience. You brought me peace because since receiving the blessing of your precious lives I could forgive and forget every little disappointment before you made us a family. How could any mother be worthy of such joy and sunshine? I am peaceful out of gratitude for you. Thank you for being. I am patient because I know there is a long and different road ahead for each us. Our many journeys meander according to our own choices and opportunities, perseverance and open-mindedness. I trust that you will grow up to be kind, happy, loved and forever learning. Wherever you are, wherever I am, I will always be loving you soooo much! You can always trust each other.  I recently read a quote by Katha Pollitt that I want to share with you:

•    Stay up all night reading and talking, fall in and out of love, argue, praise each other outrageously, criticize each other ditto, and remind each other constantly that your reason for living is to set the world on fire. --Katha Pollitt

Eric, you are my angel in the form of a beautiful man. You are the reason I wake up every morning and why I believe in magic. 

Erin, you are my wish come true.  Since I was little, I wished for a little sister.  Fate, not genes brought us together...forever!

To my friends and family -- thank you! Thank you for every single hug, thought, wish, word and laugh. Thank you for all the wondrous love.


Elizabeth (Mommy)


Example Two: December 25, 2005 by Trina Cordeta

To: the Cordeta clan and its trusted confidants

Did you think I could die without leaving you the family jewels? I have written down, the best I can, most of my recipes. There are no pictures because you know what they look like. Under each recipe I wrote about some of the times and meals we shared together. My prayer is for the Holy Mother to keep you and that you stay together to share many more happy meals. Eat alot.

Bless you!

Titi