What are Ethical Wills and Why Write One?
A commentator noted, “Legal Wills bequeath valuables; Ethical Wills bequeath values.”
This sums up the purpose of an ethical will. Its biblical roots date back 3,500 years when Jacob gathered his 12 sons around him while on his deathbed and he articulated moral guidance and burial instructions. Then the practice was oral and it evolved into writing. An Ethical Will is nonlegal and no rules exist as to its form. However, our workshops include a workbook to spark ideas and to guide you. Some call an Ethical Will a “Legacy Letter.”A legal document called a codicil also can alter a will.
When I practiced law with my late father, Carl Morgenstern, we drafted many wills. For safekeeping, we offered clients the option of having their original wills kept in our ornate safety deposit box at the First National Bank in Hamilton, Ohio, where our office was located. We gave each client a copy. I always felt the process was special, listening to our clients’ legacy plans in the safe and confidential confines of our law office. Then we made a second appointment to review the will draft and to witness their wills to comply with Ohio law.
An Ethical Will naturally complements a regular statutory will, which has strict, state-specific requirements. A New York Times article explains that Ethical Wills are “a way to counter the cold legalese of wills and trusts…an ethical will says who I am…even sometimes helping soothe ruffled feathers when dispensing family assets.” (NYT 10/31/14.)
WHO WRITES ETHICAL WILLS
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I am back from Tucson, Arizona, where I participated in an Ethical Will Workshop and, among other things, discovered a deep connection between memoir writing and writing an ethical will. At the very least, they are both adventures of personal discovery and, hopefully, understanding and a reconciliation of sorts. At the most, you have a say in how you are remembered. —Barb
Ethical will advocate Scott Zucker offers a fresh take on mortality and legacy in this beautifull talk about legacy writings and ways we can capture and pass on personal values, family histories and lessons learned to future generations. When he is not spreading the word about ethical wills, Scott practices law at Weissmann Zucker Euster ...