Covenanter Witness Vol. 55 - Rparchives.org

WILL YOURWILLSPEAK FOR YOU?A solemn covenant and legal agreement, a will continues your life and influence as yourpersonal representativeBy Hugh Ivan EvansDirector of the Foundation of the Presbyterian Church U.S.A.In Presbyterian Life, Used by PermissionA few months ago in Philadelphia, a lady walkedinto the office of a lawyer to complain that she wasbeing deprived of part of her rightful property. Herhusband had died a short time before without making a will ; and she had assumed that, since they hadno children, all of his money and property wouldcome to her. Instead, she said, she would get onlythree fifths of it.The lawyer listened sympathetically, then toldher that under Pennsylvania law the wife was entitled to the first $10,000 of her husband's estate, ifhe left no will, but that any remainder would have tobe divided with other relatives. In this case, becauseher husband had two brothers and a sister living,they were legally entitled to the other half of the remaining $40,000.She protested that her husband had said verydefinitely he didn't want anything to go to hisbrothers, but that he had felt he didn't have to makea will because everything would go to her automatically. The lawyer again explained the law and said,"It's too bad he didn't make a will. He could easilyhave left everything to you. But without a will, thelaw says that his brothers and sister must share inyou."the estate withEvery day, lawyers in every part of the countryare confronted with just such cases and many thatare far more heartbreaking that result from a manor woman not making a will. Far too few people realize that a will is a law, in a sense a law made by themaker of the will. If there is no will, the intestatelaws of the state take over. These laws set forth inprecise language just which relatives are entitledto share in the estate of an intestate, and in justwhat proportions.Intestate means "not making awill."In legallanguage, it applies to an individual who has notmade a will, or whose will cannot have the force oflaw because it is not a valid will one that will standup in court.230An intestate, no matter how well-meaning,throws on the court a job he should do for himself.Even worse, he fails in a vital duty to his family orothers who depend on him. No matter how little orhow much he has to leave, he may fail to leave it tothose to whom he owes the most.Many people think of an estate as a fortune ; andsince they do not have a fortune, they think theyhave no estate. Actually, an estate is the sum of anyone's possessions, no matter what their value, andeveryone has possessions.If you were forced today to leave the countryforever, leaving behind you everyone you love andeverything you own, you would quickly decide towhom you would give your estate. Your first thoughtwould be for your family or other dependents. Youwould divide among them the things theyneed andthe things your want them to have. These might bemoney, securities, other property, or personal belongings; but whatever they are, you would allot themin the proportions you saw fit.If you had been giving to your Church throughout your life, you would try to see that your givingcontinued after you had gone. If there were otherphilanthropies you wanted to aid, and if you had themeans, you would make gifts to them to help supporttheir work.This is just what a valid will accomplishes foryou. It carries out your intentions as if you werethere to direct the giving. The bequests you make inyour will are the gifts you would make if you weredoing it personally. A valid will assures that thethings you own will be distributed exactly as youplanned. A Christian will provides for your Churchas well as your dependents.To make a valid will,you must take two steps.First,you must decide to whom you want your estateto go, and in what proportions. Second, you musthave competent legal advice on the actual drawing ofyour will.Why legal advice? Few people would dream ofsigning an important legal document without consulting a lawyer yet a will has more serious legalconsequences than most papers you will ever sign.Nor would many men or women bring a serious courtaction without the help of a competent attorneybut your will may have to stand up before a court ifit is to be carried out as you wish.Good intentions are not enough for drawing avalid will. Your intentions must be in accordancewith the laws of your state and they must be expressed in language that cannot be misinterpreted.Laws differ from state to state, and all are complexand technical. What may seem to be a perfectlyproper expression of intent may turn out to be an illegal action or one whose meaning proves ambiguousto the court.The cost of legal counsel for drawing a will isvery nominal compared with the possible loss indrawing your own will or neglecting to make one.Failing to heed a lawyer's advice can produceequally distressing results. One such case occurredon the death of an elderly lady whose son had runaway from home years before and had never againbeen in touch with her. Meanwhile she had raised asa daughter a baby who had been left at her door.OOVENANTER WITNESS