So, you’ve finished preparing your Will.  You feel good about the plan you have put in place for your family, but know that there are some things that may raise a few eyebrows if taken out of context. Do you sit your family down and talk about it? For some, the answer to this question may not be so simple.

In an ideal world, it is considered good practice to discuss your Will and its contents with your family so there are no surprises; and if any questions do arise, you can address them head-on. That said, for many, family dynamics are a strong deterrent, and in cases where it may do more harm than good, there are other options to consider.

When Discussing Your Will With Family Isn’t An Option

When family tensions are already high and one has decided against broaching the subject of his or her Will, the chief concerns then become:

1) Ensuring that your last Will and Testament is located post your demise

2) That your wishes are carried out as per your Will

To address these points, you may consider telling your family of the existence and location of your Will, without divulging any of the details. If this is also not an option, it then becomes imperative that you appoint a trusted advisor or friend to be the Executor of your Will and inform them of its secure location. 

The role of an Executor is especially important in cases where the family is in the dark about the existence of a Will. This can be a touchy subject, so you want to make sure that your chosen Executor is up to the task. Periodically checking in with them to confirm that they are still willing to take on this responsibility doesn’t hurt, either.

Concerns Of Misuse, Or Tampering

The good news is misuse is not a reasonable risk at all if a Will is legally prepared and countersigned by two Witnesses who can attest to your state of mind.

Something to note here is that the role and choice of the Witnesses are particularly important. Should the Will be contested in the future, your Witnesses should be willing to testify as to the authenticity of the Will before the courts.

That said, a proper record of the Will being made (say a video recording of its signing by you and the Witnesses), as well as that of any signed updates that may have occurred along the way, will leave no room for doubt of its authenticity.

The Bottom Line

In the end, even if things are complicated, the best thing you can do for those in your care is to be clear and include enough detail, so there is no question about how you want your assets to be distributed. This way, it will be easier for those involved to make peace with your decision and move on.

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