August is National Make-A-Will Month

Jaburg Wilk
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Every August, National Make-A-Will Month serves as a reminder of something most people would like to avoid. Planning for the end of life. Creating a will isn’t about dwelling on death. It is about taking control, protecting loved ones, and easing the burden on family members during a difficult and stressful time.

Why Wills Matter in Arizona

No matter what stage of life, having a will in place is one of the most important legal steps to take. If someone dies without a will in Arizona, state law determines who inherits property, who oversees the estate, and if minor children, who might care for them. This is known as dying intestate, and while the state’s system may appear orderly, it’s not tailored to fit a unique life, family, or honor someone’s intentions.

Here’s what Arizona law won’t consider without a will:

  • Longtime unmarried partners
  • Stepchildren not legally adopted
  • Close friends that may be viewed as family
  • Preferences for who should handle the deceased person’s affairs

In the absence of clear instructions, families can face unnecessary delays, legal costs, and sometimes conflict.

What Can Be Addressed in a Will

A properly drafted will does more than just provide a list who gets what. It can:

  • Name a guardian for minor children
  • Appoint a trusted person to manage the estate
  • Distribute family heirlooms, personal items, or specific gifts
  • Include charitable donations
  • Express burial or cremation wishes

These decisions provide structure and comfort for the people left behind and reduce the likelihood of disputes.

The Question of Handwritten or “Unconventional” Wills

Arizona does allow handwritten (holographic) wills if they’re signed and clearly show testamentary intent. While legal, these types of wills often lead to complications including missing details, unclear language, or challenges from family members. They’re better than nothing, but far from ideal.

In some cases, people write their will on napkins, in notebooks, or even in digital notes. These might make for compelling stories but rarely stand up to legal scrutiny without proper elements in place.

A Good Time to Start

Make-A-Will Month is a useful reminder and a helpful prompt, not because something will happen tomorrow. It’s always easier to make good decisions with a clear head rather than in a moment of urgency. If you’ve been meaning to write or update your will, now’s the time. Your future self, and your family, will be glad you did.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Jaburg Wilk

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Jaburg Wilk
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