Vol. 28, No. 6 #6 (December 2005). What Every Lawyer Should Know About Ethical Wills.

• Author: By Patricia Wilhite McCartney

Wyoming Bar Journal

2005.

Vol. 28, No. 6 #6 (December 2005).

What Every Lawyer Should Know About Ethical Wills

WYOMING LAWYERDecember 2005/Vol. XXVIII, No. 6What Every Lawyer Should Know About Ethical WillsBy Patricia Wilhite McCartney

No matter what your area of practice, there is an old process that is making a sweeping impression on the legal profession. Lawyers across the country are discovering how the incorporation of ethical wills, can change the way they practice. Although not legal in their form or effect, life testaments/ethical wills are gaining recognition as a valuable asset to the services they offer.

The history of ethical wills is long standing, dating back thousands of years. Unlike the wills we learned to draft in law school, their ethical counterparts are more philosophical, emotional and inspirational in nature. Rather than being strictly property based, ethical wills are primarily value oriented, intending to convey an individuals hopes, dreams, values, beliefs traditions and heritage.

Once limited to oral form, over the span of several centuries, ethical wills are now more commonly communicated in writing. Transcribed on archival paper, the permanent format better allows the author to preserve its content for generations beyond the writer's own. Somewhat deceptive in their name, the application and benefits of ethical wills transcend into virtually every area of practice. A few of these are discussed below.

Most obvious, ethical wills are a significant contribution to any estate planning practice. The inclusion of ethical will preparation among the other document services affords clients a unique platform to address the intangible assets of their lives. As a practitioner, it is critical to educate your clients that ethical wills are not legal documents. Nevertheless, many clients appreciate the opportunity to communicate their lives in a personal and yet profound manner, and to be remembered as they choose. A helpful practice strategy in delineating ethical wills from traditional legal wills may involve the use of other terms less stigmatizing.(fn1)

The recognition that clients are more than the material property they possess, encourages them to participate in a whole person approach to their estate planning process.

Additionally, working through the development of an ethical will often provides an...