Will Writing Program
The first step is to define the goal of the parish, such as “in five years, ninety percent of the adult members of the congregation will have drawn up valid Texas wills” or “within two years we will have held four clinics to allow adult members of the parish to review and/or implement their testamentary planning including consideration of their beneficiaries, wills and/or trusts as well as ancillary documents such as financial powers, health care powers and living wills”.
Guidance from the Book of Common Prayer
1928: The minister is ordered, from time to time, to advise the People, whilst they are in health, to make Wills arranging for the disposal of their temporal goods, and, when of ability, to leave Bequests for religious and charitable uses. Visitation of the Sick, p. 320
1979: The Minister of the Congregation is directed to instruct the people, from time to time, about the duty of Christian parents to make prudent provision for the well-being of their families, and of all persons to make wills, while they are in health, arranging for the disposal of their temporal goods, not neglecting, if they are able, to leave bequests for religious and charitable uses. Thanksgiving for a Child, p. 445.
General Program Description
The Will Writing Program is designed to assist parishioners who desire to make prudent provisions for their families and to leave bequests for religious and/or other charitable purposes.
The program can be any variation on the following:
An occasion or occasions on which persons who do not have wills, or those who need to have their wills reviewed/updated, gather to learn about the most important planning documents that a person can use to care for their families, put their affairs in order, and design a distribution plan. Ways also will be discussed to make gifts to the church and other charitable causes of importance to those attending. Attorneys need not be present at all occasions, but will be needed for consultation, drafting and possibly execution of the wills. Other documents that should be discussed include living wills [called a Health Care Directive in Texas], Health Care Powers of Attorney, and General Durable Powers of Attorney [to manage financial assets/transactions]. In addition to wills, trusts may be explained.
To facilitate this process, a confidential questionnaire to assist the attorneys in preparing the parishioners’ documents should be forwarded for completion prior to the parishioners meeting with the attorney at the clinic. A volunteer who is interested in working with this program can be designated to distribute material, register participants, arrange for food, etc. This same person could coordinate an annual program of activities designed to assist people in putting their affairs in order and to educate people about ways they can give to the church [or other charities] through planned gifts.
A will clinic generally will be held two or three nights after work or dinner, or on a Saturday or Sunday. A list of local volunteer attorneys can be distributed with times available, or sign up sheets posted, and parishioners will be matched with those times or allowed to sign up. Participants also can be allowed to select attorneys, make their own appointments, and in all cases, conferences will be set up to insure confidentiality.
The attorneys listed need to have agreed to provide free consultation services. Also, an arrangement for a simple will and ancillary documents needs to be structured at a nominal cost that will cover word processing charges, often about $50, but that amount can vary by locale. There also should be a general understanding of when a more complex situation exists than can be dealt with by a simple will, and arrangements can be made to use the same appointment times to discuss fees for the more sophisticated testamentary planning needed. The coordinator can work with the attorneys to determine if they have their own forms for gathering data and to obtain their definition of a simple will.
There is material available that can be reproduced without permission to support this process. It is called “Getting Our Affairs in Order” and copies should be available through the diocesan offices.
Sometime before the clinic, and probably on an ongoing basis, a Sunday should be designated for the Rector, a planned giving professional or a stewardship consultant to preach on the theology of stewardship at all services, giving special emphasis to the virtues of having a will and the principles of care that motivate creating a personal plan for the stewardship of one’s assets. Also, on the same Sunday or others, an educational program can be used to offer individual stories of planning and also to counsel on the basics of testamentary planning, planned giving and other charitable devices available.
Following the clinic, allow time for the documents to be processed, reviewed and edited. There can be a signing day with witnesses and notaries provided, or each participant can be allowed to execute on his/her own, then a ceremony should be held to celebrate the completion of that year’s event.
Any size congregation can put the clinics together, or they can be held in conjunction with other parish partners. They should be scheduled periodically, generally annually, but this is dependent on the needs of the parishioners since it may not be needed as often in a church with lower turnover.
The Legacy Stewardship Division of the Stewardship Department for the diocese can assist your vestry with the design of an effective planned gifting and endowment program if one is appropriate. The Consultant generally can provide sample letters, bulletin board notices, questionnaires, and brochures, and the Episcopal Network for Stewardship [TENS] also has materials and a web site that can support this process. A diocesan Officer may be able to assist you in enlisting attorneys if you do not have these professionals in your congregation or contact base who are willing and able to work on this project. They can assist the volunteer staff in providing education, making contact with attorneys and parishioners, or preaching.
The Rector/Vicar and the Vestry must be prepared to provide leadership and behind-the-scenes support, and their enthusiasm is vital. They should tell their stories, enlist volunteers and volunteer personally; they also should attend the clinic(s), preach [if possible], follow up on those participating, pray for all involved, then coordinate the celebration after the process is complete.
Sample Planning Worksheet
I. To Begin - The Rector/Vicar/Stewardship Chair appoints a wills clinic coordinator for the parish, sets aside a date for preaching and teaching – A Planned Giving Sunday [either handling this personally or using the Officer/Consultant/a qualified parishioner], sets dates for the clinic(s) in close proximity to the Planned Giving Sunday, then for a celebration about a month after the clinic. If needed, coordinate with the Officer/Consultant for his/her participation.
The theology of Stewardship is preached at all services on the Planned Giving Sunday with a special emphasis on the benefits/virtues of having a will. The education program for the day also should focus on this theme, possibly with a breakout between a session on simple concepts for those who have done little or no planning and another reviewing more sophisticated planning devices.
II. Round Two - The appointed coordinator will organize the following:
A. Publicity for the clinic, invitations to the parish for those without wills or whose wills need a review/update to participate.
B. Sign up individuals/couples who wish to participate then provide them with the confidential will questionnaire that is to be completed prior to the meeting with the attorney.
C. Arrange for proper handling of the fees collected to cover the word processing expenses, generally through the church treasurer. Be sure that the deadline for payment of these fees is clear [usually about one week prior to the clinic] and monitor collections.
D. Schedule appointments for the sessions. An individual will need 30 minutes and couples should be scheduled together [unless there are concerns] with a session lasting about 45 minutes.
III. Next Round – The date for the clinic is 10 day to two weeks away:
A. Plan the layout of the facilities to accommodate meetings between the attorneys and parishioners. The separation must be sufficient to provide the necessary privacy, and separate rooms, such as classrooms, often are ideal
B. Prepare signs with the participating attorney’s names so that individuals will be able to locate them at the designated time. A registration process, waiting room, snacks and babysitting all can be added to support the process. Someone coordinating the flow at the clinic is needed.
IV. It Continues – The clinic is one week away:
A. Contact the participating attorneys and the registered participants to confirm appointment times. Remind those participating that the questionnaire must be complete in advance and forwarded to the attorney or brought to the meeting. Each participant should complete his/her own form, even married couples. Participants should bring deeds and beneficiary forms, if possible.
B. Insure that fees have been paid and arrange for the refunding of fees to those who cancel more than a set time in advance, usually 48 hours. If there are cancellations, make adjustments to facilitate the flow where possible.
C. Coordinate as appropriate with the Officer/Consultant, and confirm plans for a celebration after the will signing or a will signing then a celebration as needed.
V. The day of the clinic is here:
A. Set up the room(s), insuring the needed privacy.
B. Arrange the registration table near the entrance to the area.
C. Establish the waiting room [and nursery if provided].
D. Set out any refreshments that are being provided.
E. Greet participants and coordinate letting them know when the attorney is ready for their sessions.
F. Remind participants of the will signing and celebration date, or that they should sign their wills prior to the celebration date if there is no centralized will signing.
G. Make payments, or arrange for making payments, to the attorneys involved to cover their word processing expenses.
H. If appropriate, have an attorney or the Officer/Consultant available for consultations about sophisticated gifting techniques.
VI. After the clinic:
A. Immediately After the Clinic
1. Coordinate/send letters of appreciation to the attorneys and participants. Insure that all fees have been paid.
2. Coordinate the preparation and review of wills if needed.
3. Urge the participants to make the necessary changes in a timely fashion and return the drafts to the attorney.
4. Arrange for the collection of the final drafts if a will signing is to be held, or urge the participants to execute their wills before the scheduled celebration date.
B. One week before the Will Signing Party
1. Insure that the attorneys plan to have the wills ready for the party. Arrange for volunteer notary publics and witnesses to participate in the will signing party.
2. Remind participants of the time, location and date of the party.
3. Arrange festive refreshments [sparkling cider or champagne, cookies, etc.] and possibly decorations for the will signing.
4. Encourage the Rector/Vicar to attend and offer thanks.
C. The Will Signing Party
1. Set up tables and chairs where participants with two witnesses and a notary can execute their wills.
2. Decorate and/or set up refreshments.
3. Coordinate the distributing of wills to the proper parties and the signing process. The Rector/Vicar can offer an initial prayer as the process begins.
4. Sign, witness and notarize the wills.
5. If the Rector/Vicar is there, a short service of thanksgiving is offered then the celebration is begun. If not, someone else should offer a prayer and start the celebration.
D. Celebration Without a Will Signing Party – If the will signings are handled individually, a celebration similar to that described above still should be held. Setting it up on a Sunday after the final service, or between services, will provide the Rector/Vicar with an opportunity to detail the success of the event for the remainder of the congregation.
Sample Planning Worksheet for Rector/Vicar
The program will have a higher likelihood of success if the Rector/Victor is willing to:
1. Establish a Planned Giving Sunday with preaching, teaching and story telling.
2. Recruit a Parish Coordinator who agrees to serve for at least a year as an advocate for Wills and Planned Giving.
3. Communicate the importance of the process to the parish by as many of the following means as are feasible:
A. Write a letter to the parish [sample supplied] inviting members to attend the Planned Giving Sunday, and asking them to sign up for the will clinic if they do not have a will or if theirs is several years old and should be reviewed.
B. Announce the Planned Giving Sunday and any other planned giving events on Sunday mornings and in the bulletin.
C. Identify parishioners who might be candidates for gifting to the church or other charities through their wills or other vehicles.
D. Attend/Lead/Participate in the Sunday teaching and/or preaching.
E. Solicit attorneys to write wills in other parishes occasionally.
F. Lead a thanksgiving prayer or simple service at the will signing session or at the celebration if there is no will signing session.
Sample Letter to Parishioners
Date
Dear Parishioners:
On Sunday, <date> <speaker> will preach at [both/all] services. S/he also will offer a presentation during the Education Hour on the use of special financial vehicles such as charitable remainder trusts, annuities, pooled income funds, etc. These can be used in addition to a will and beneficiary designations to provide for your family and to make gifts to our church, the diocese, the Episcopal Relief and Development Fund, and/or another charity. These plans may offer you an opportunity to increase your income, and/or create ongoing tax advantages as well as provide deductions for your estate or reduce probate costs.
Then, on <date(s)>, at <time(s)>, in the <location>, <name> will provide each of us with the opportunity to learn more about personal planning. You also will be given the chance to have a simple will drawn up if you do not have one or if yours is inadequate, or a codicil added if you existing will generally is adequate. Attorneys have volunteered their time to assist us with this important stewardship of accumulated assets. For a modest fee of <amount> per person to cover the expenses of the attorney, you will be provided with a consultation and draft of a will for execution. For more complex services that are beyond the scope of this program, you can use the time to discuss other arrangements with the attorneys and arrange a separate time to meet with them individually. Sign up for your personal will session by contacting <who> at <number> by <date>.
Our relationship to the money we have and the possessions we acquire is fundamentally a spiritual matter and understanding this relationship is vital to our spiritual health. As you say if you make your wedding vows, “with all that I am and all that I have, I honor you”, and you say the same to God by gifting your resources in a responsible and grateful manner.
Join us as we reflect on these values and learn how to honor our God and our family. As you work toward a joyful level of sacrificial giving, please consider also tithing your estate, remembering our church, the diocese and/or the national church.
“Where your treasure is, there will your heart be also.”
In Gratitude and Peace,
[the Rector/Vicar]
