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檢查單:立遺囑

早立遺囑不僅可以清楚的表達您過世后的意願,更能夠適宜的引導您的家人,減輕他們處理您留下的財產的負擔。遺囑難免讓人覺得不自在。因此,立峰專業律師事務所中心幫您準備了這份檢查單來幫您打下遺囑的基礎。

1. 受益人

當您提筆要立您的遺囑時,先考慮您想要誰來繼承您的房地產或財產。考慮受益人時,不要忘記詳細查問并考慮近期的新生,過世,新婚和離異等。

在立遺囑的早期階段,先不要擔心誰應該收到什麽。主要先決定您想要把誰寫進遺囑,并確保不要遺忘重要的人。另外,要記得在有些司法範圍内,取消您配偶或孩子的繼承權是違法的。

2. 財產

把您想要留給受益人的財產列個清單。按財產價值的大小來排列: 先寫下主要的財產, 比如房產,車輛,家庭生意等等,再寫下較小的財產比如珠寶和家傳的珍物。

要記:您衹能遺留您獨有的產物。也就是説如果您已婚,您的配偶和您共擁一份財產,您便不能把這份財產遺留給別人。

有的財產雖然不能用遺囑來分配,您還是可以采用其他渠道來分配給他人。一種渠道是生前信托(Living Trust)。不過您要先把您所有獨擁財產寫下來,這樣您就能夠清楚的看到并分配您的遺留給愛人的財產。

3. 債務

寫下您所有的債務,包括但不限于:

  • 房屋貸款
  • 汽車貸款/汽車租賃
  • 信用卡
  • 學生貸款
  • 個人貸款

• 未付稅務

雖然您不能把您的債務遺留給任何人,進一步瞭解您的財務能幫助您計劃未來的費用比如葬禮,遺囑檢驗費用和稅務。有些債務也可能是跟附著您的財產或家產的,所以您也應該考慮買上人身保險,來幫忙付清您過世后的各種費用。

4. 遺囑執行人

遺囑執行人的任務是幫您按照您遺囑的條規來處理您的財產. 您將指定您的遺囑執行人并將其寫進遺囑里。您需要確保您想要指定的人有能力并願意負起這份管理您的財產的責任。也記得想幾個後備執行人,萬一您的首選不能承擔這份責任。

5. 監護人

如果您有未成年的小孩,您要考慮爲他/她們指定一名監護人。這樣萬一他/她的另一名父母不能照顧他/她,您也爲您的孩子的未來做了打算。

這樣坐下來,稍稍考慮并計劃一下,您就準備好,可以開始正式立您的遺囑了。當您立完您的遺囑,并確保您的遺囑是符合當地法規并能過合法執行,您的遺囑就完成了。接下來,把遺囑收藏在一個保險的地方,不要忘記告知他人您的遺囑放在哪裏。完成您的有效遺囑后,也不要忘了定時修訂您的遺囑以確保您的遺囑反映您最新的意願。

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