Should I Put Funeral Instructions in my Will?

gabrielcheong — Mon, 18 Oct 2010 16:25:27 +0000

It is not recommended to put funeral instructions in your will. The will may not be probated or real until some time after the death – possibly after the funeral. Therefore, a will is not a good place to deal with issues pertaining to funeral arrangements.

A better way of dealing with your funeral wishes is to write a letter with funeral instructions to your family and any other appropriate parties. You can never provide too much detail and information prior to your death regarding your funeral arrangements. This is the only way to be assured that your wishes will be carried and to prevent someone else from deciding for you.

Are Video Wills Valid in Massachusetts?

gabrielcheong — Tue, 09 Mar 2010 15:00:45 +0000

No! In Massachusetts a will must be written. This is a requirement that is specifically listed in the laws governing wills. If you wish to leave videotaped final words to your friends and loved ones, you must also complete a written will, unless you’re okay with the state distributing your belongings according to its preset default rules.

This doesn’t mean a videotape is useless. Your attorney might ask that you videotape your will signing, not to serve as a video will, but documentation of the event. There are two reasons why having this event videotaped can be helpful:

1) It shows you were of sound mind at the time you signed your will, a requirement for it to be valid, and;

2) It shows that you signed your will voluntarily, another requirement for it to be valid.

By videotaping the signing of your written will, you bolster its validity and make sure that your final wishes are carried out the way you expected.

*Idea for this post is courtesy of David Shulman of the South Florida Estate Planning Law Blog

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Should I Put Funeral Instructions in my Will?

Are Video Wills Valid in Massachusetts?