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Why Having a Will for Your Children Matters

  • dev_kamboja
  • (updated )
  • 6 min read
Why Having a Will for Your Children Matters

Have you ever thought about writing a will? Most young people believe that making a will is not something that has to be done in a hurry. Yet the importance of a will should be understood long before old age.

No one knows when their time will come. Everyone has the chance to pass away regardless of their age. For that reason, while you still can, it is wise to make a will to share your assets fairly and to write down your final messages.

The Importance of a Will

Writing a will addressed to your loved ones is something very important. A will is a document that sets out a person's wishes so that they can still be carried out by their heirs even after they have passed away.

By writing a will, you also help to avoid conflict among the family members you leave behind. In your will, you should explain in detail how your assets are to be distributed, so that no party raises objections.

This is because the decisions in a will are binding, so they are difficult to change once the person who wrote the will has died.

How to Write a Will

Now that you understand the importance of a will, as explained above, you can start learning how to write this important document. What is the right way to write a will? You may feel unsure where to begin.

There are three steps to writing a will. The stages to follow are as follows:

1. Make a List of Assets and Possessions

The first step is to decide what you want to include in your will. Above all, one thing you must not forget is to make a list of your assets.

This list of bequests should cover all of your assets, property and belongings that can be given away or transferred, whether in the form of physical goods or money in the bank.

You may also include household items such as furniture, clothing, shoes and other accessories. Write a list of items if you wish to leave them to specific people.

If you are married and have no prenuptial or postnuptial agreement, check whether the property is part of the assets you owned before the marriage, so that it is genuinely yours.

If, however, the property was acquired or purchased during your marriage, it becomes joint property. It is different if you and your spouse have a separation of property agreement, in which case each person's property is still considered personal property and can be included in your individual will.

2. Specify the Recipients of Your Property

If you wish to pass your inheritance down through the generations, set out your wishes in detail in your will. You can even specify conditions for the inheritance in line with your hopes.

For example, you might state that you leave a sum of money to your children, on the condition that they first complete their university studies.

3. Distribute Any Remaining Property

Any remaining property and its financial instruments that are not specifically mentioned in the will can be distributed fairly among those entitled to inherit.

For example, if you have two children, you might divide the remaining inheritance so that each heir receives fifty percent of what is left. All of these instructions can be written into your will, so there will be no disputes between the heirs.

What to Do If an Heir Passes Away First

What if an heir dies before you do? Here are the steps you should take:

1. Name a Second Heir (Backup)

No one can predict how long they will live. So what happens if the heir passes away first? One solution is to name a backup heir from the very beginning. This should be decided early, especially if you forget to update your will at a later date.

2. Decide Who Will Care for Your Children

The second tip is to decide who will become the guardian of your children or other family members who are still minors.

If you have a child under the age of 17 who is not yet recognised as an adult under the law of the Republic of Indonesia, you also need to decide on guardianship for that child.

Decide this now so that guardianship can be legal and so that managing material and financial assets becomes easier before your child officially reaches adulthood.

3. How Do You Wish to Be Buried?

Do you have a wish to be buried in a particular place? Would you like to donate your organs to someone in need? All of your wishes regarding your funeral can also be included in your will.

4. Choose an Executor of Your Will

The next tip is to choose the person who will carry out the instructions written in your will. You should also choose a backup executor in case the first one is unable to fulfil the role.

The executor of your will should be someone you know well, so that you can be confident that everything written in the will will be carried out properly and handled with the greatest care.

Write Your Will

There are two options for writing your will that you can choose from. The full explanation is as follows:

1. Using the Help of a Trusted Lawyer or Notary

The first option is to use the services of a notary or lawyer. This usually costs a considerable amount, but it offers you a certain peace of mind.

This is especially important if you have many assets, in which case the help of a notary or lawyer is very much needed.

2. Write the Will Yourself

A will can also be written by yourself. However, the consequence is that there is no legal force that can guarantee one hundred percent that the will will be carried out by the heirs.

This is because a will written by hand is more easily imitated or forged. Although it costs nothing, this method is not as secure as the first option.

3. Finalising Your Will

  • Once the will is complete, sign it in the presence of two or more trusted witnesses.
  • The witnesses should also sign the will so that its legal force is further strengthened.
  • Keep your will in the safest possible place and make sure it can be found by your heirs. If the will cannot be found when you pass away, the wishes written in it cannot be carried out.
  • Some examples of safe places to store a will are a home safe, a lawyer's or notary's office, or your bank's safe deposit box.

Now that you understand the importance of a will, as explained above, you can begin consulting a lawyer or notary to start preparing one early.

There is nothing wrong with making a will even if you are still young. Doing so helps you prepare for the worst-case scenario after you have passed away.

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dev_kamboja

The Kamboja team writes guides on bereavement, funeral arrangements and funeral planning to help families in Indonesia.

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