Prologue
A Will is a sacred and extraordinary thing. It might even be said that it bestows a degree of the eternal.

This may at first seem like a strange Christian obligation. But a little thought will convince you that the prompt and careful making of your Will, with the assistance of your lawyer, is a wise measure of Christian prudence and often a duty.

When there is no Will, the machinery of the law takes over and mandates how the estate shall be distributed. The judge may be among the most kindly of persons, anxious to do everything possible for the bereft family. But a judge must operate within the framework of impersonal law. The result may be gross unfairness, completely against the wishes of the decedent.

Thus, the ultimate distinction between having or not having a Will is very simple. In essence, it is the individual as opposed to an agency that writes the rules for the disposition of property. So ask yourself: "Do I want to do it or will the legislature do it for me?"

Pupose of a Will
If you died without a Will, would the division by law be exactly what you desire?

For example: what about the woman who died without a Will. Deserted by her spouse early in marriage, she had worked for 30 years in a small business with her sister and brother. She amassed considerable savings, but was killed instantly in an automobile accident. Her spouse then reappeared and under the law received her estate.

A boy, one of six children, stayed home over the years to care for a widowed and ill mother. The mother died leaving a substantial estate without a Will. This son received the same share as all of the other children. If the mother made a Will, would she have not treated this son justly?

In most states every person 18 years of age and over, who is of sound mind and memory, has the power to devise and bequeath by Will the property he has at the time of his death.

What your gift to The Franciscan Friars of California can do
As Franciscans we are challenged to adapt ourselves to a rapidly changing Church and world while remaining true to the spirit of our founder, St. Francis of Assisi. Like the first Franciscans we are called to be people of prayer, work and study. Your gracious bequest will support the hundreds of ministries and projects that we are presently engaged in and new programs and ministries that will be part of your own living legacy.

As you prepare your Will you may wish to make your bequest particular. Many persons choose to make a gift to program and ministry with that with ongoing needs. Whether our Education and Vocation Fund (St. Anthony's Bread): Which supports the education of the newest members of the Franciscan Order or the Mission: Our missionary efforts span the entire world and extend as far away as Thailand to the Native American nations of the Southwestern United States. Many people choose to Care for elderly and infirm Franciscans: St. Francis tells us that ". . . if any of the brothers shall fall ill, wherever he may be, the other brothers should not leave him behind, but . . . they can entrust that brother to some person capable of taking care of him . . . " This fund is set up so that "capable" people might help us care for our elderly and infirmed brothers. Particular program: Bequests may also be made by identifying a particular individual ministry or program maintained by the Franciscan Friars of California!

How do you make Will?
Your last Will and testament is an important matter. It should be planned and prepared, with the advice and assistance of your attorney, long before there is a thought of death or disability, while physical and mental health are unimpaired.

In the United States a Will tends to be lengthy and complicated, and it is often unwise even to draft one without expert legal advice.

Competent sources also admonish that in order to keep up not only with the changing circumstances of a person's family circle and his property but also to keep abreast of the frequent changes in the tax laws and thus to avoid unnecessary taxes, it is advisable to have a Will regularly checked.

Before meeting with your attorney you should make a complete list of everything you own--all of your real and personal property, including cash, securities, jewelry, furs, automobile, household goods, etc. Then list the names of members of your immediate family, all heirs, charities, and anyone else you wish to remember, and specify exactly what you would like to bequeath to each.

Choose your executor with great care. She/he should be someone you trust completely, who has some knowledge of business and finance, and is permanently settled. Often it is a good idea to name an alternative executor, and perhaps your attorney as co-executor. In the interest of saving on estate costs, you should consider waiving the executor's bond. All of this can be worked out with your attorney, the method depending on the size of the estate and other factors. In many cases, naming a bank as executor is best. Banks don't die like people do, and they are certainly versed in financial and business matters.

The next thing to settle on is witnesses to your Will. The number needed for a valid Will differs from state to state. In Illinois, tow witnesses are required. The witnesses are required. The witnesses selected should be in good health. Well known by you, and of such standing in the community that if a question ever arises on the validity of the will , their character status could not be questioned. Witnesses should not be named legatees in the Will. The final step is to contact your attorney so that he may draw up the Will and advise you regarding necessary details.

The rest is up to you
Not infrequently, there is a natural resistance on the part of all of us to the act of making our a Will. It is human nature to resist making decisions that require moral courage. However, one should have a positive attitude toward the making of a Will. It cares for loved ones. It anticipates their requirements. If well done, the Will may, for many years, benefit the family, even descendants yet unborn.

A Will can also provide essential funding for the future of charitable institutions that are close to you or your families heart. For many non-profit charities this is their main source of income and support.

Some people don't like to contemplate death. But, it is the one thing we all know absolutely. As Christians, we should always be prepared for our final end. Discounting spiritual readiness as a foregone necessity, anyone who puts off making a Will is certainly not prepared financially to die and is being unfair to his loved ones and to God as well. Common sense alone dictates making provision in life for proper and equitable distribution of your wealth after death.

Don't burden your family with your own Christian obligations. You must account for your own stewardship. Be prepared!

If you would like to receive more information on preparing a will, e-mail us.