How to a Proxy Will? Lawyer's Witness and Process Sharing


A proxy will is a form of will written by someone else on behalf of the testator, who may be unable to write due to prolonged illness, old age, or illiteracy. In such cases, lawyers often play a crucial role as proxies, providing professional assistance to ensure the legality and validity of the will.


Why Do You Need to Pre-establish a Will? Benefits of Making a Will

Why do we need to plan our will and estate distribution in advance? A pre-established will, as a tool for estate planning, ensures that everything the testator owns is reasonably distributed to loved ones after their passing. It is not just a document but a tool to manage the future. The advantages can be broadly classified as follows:

  1. Ensures Fair Distribution of Property, Avoids Family Disputes and Conflicts: By making a will in advance, individuals can clearly express their wishes regarding property distribution, thus avoiding disputes and conflicts among family members and maintaining family harmony.

  2. Reduces Estate Taxes and Other Financial Burdens, Secures Family's Economic Interests: Through clever planning and arrangement of property distribution, individuals can minimize potential tax burdens.

  3. Provides More Flexibility and Control, Achieves Personal Values and Goals: Individuals can set various conditions and provisions in the will, such as trust funds, charitable donations, etc., to achieve their values and goals.

Lawyer’s Will Process

A lawyer-drafted will is the most commonly seen proxy mode in practice, especially when the testator cannot write due to health conditions or other factors. The following is an analysis of the lawyer-drafted will process:

  1. Initial Meeting and Consultation: The lawyer first meets with the testator for an initial consultation. During this meeting, the lawyer gathers important information about the testator's wishes, property situation, family status, etc. This is a crucial step to ensure that the final will reflects the testator's wishes.

  2. Drafting the Will: Based on the initial meeting, the lawyer begins drafting the will. This includes determining the format, content, and property distribution plan of the will. The lawyer writes the will according to the testator's wishes and legal requirements to ensure its legality and validity.

  3. Formal Writing and Will Creation: After drafting, the lawyer confirms the testator’s intentions. The testator can propose modifications, and the lawyer adjusts accordingly. Once the testator’s intentions are fully confirmed, the lawyer formally writes the will.

  4. Witnessing and Signing: According to legal requirements, a proxy will must be witnessed to be effective. In our firm, for example, to ensure the process complies with legal requirements, if the testator does not have chosen witnesses, our lawyers will personally witness and oversee the signing process.

  5. Will Storage: A will is a very important document. In our firm, for example, to ensure the will is properly stored and to prevent accidental loss or damage, the lawyer is responsible for its custody, following a certain security procedure, ensuring the testator and their family can retrieve and use the will when needed.

The distribution of the estate is a significant decision concerning the future of the individual and the family, and it should be handled with caution and planned early. Using these will tools, such as handwritten wills and proxy wills, can ensure that one's property distribution aligns with personal wishes, providing security and peace of mind for the family's future.

The process of creating a lawyer-drafted will is usually meticulous and careful, aimed at ensuring the will's legality and validity. Through the lawyer's professional knowledge and guidance, the testator can effectively ensure that the will truly reflects their wishes. When making a will, one should fully consider their family situation, property status, and possible future changes. Remember! Thorough communication and cooperation with the lawyer are very important. Only by ensuring that the lawyer fully understands personal wishes and needs can a will be created that meets expectations.

[Continue reading:Inheritance | How do you write a legal will? How effective is a will?]