Torch, Winter 1979

10 WHY SHOUlD I MAK€ A Will? A TORCH Interview An important, but often over– looked, part of a Christian's stew– ardship is having an up-to-date will. To gain some insights into this topic, TORCH asked Mr. Henry Phillips, Associate Director of Development at Cedarville College, to talk with Mr. David Haffey, a Cedarville College graduate and now a lawyer in Xenia, Ohio. TORCH: Why do you feel through use of a will. Our estate (that a will is necessary for is, our property) and our children are biblical stewardship? the best examples of those things HAFFEY: "The Lord has given most which we may manage through a believers much over which He properly drawn will." expects us to exercise TORCH: What do you feel is the stewardship. At the time of and after scriptural basis for Christians to our death we can only practice have a will? st~:d1h;'t;~~·~~'most effective way HAFFEY: "In 1Timothy5:8 we are told that 'if any provide not for his own, and specially for those of his own house, he hath denied the faith, and is worse than an infidel.' We consider this to apply to provision for our family during our lifetime, but it certainly can also apply to the care of our family and the management of our property at the time of our death." TORCH: Why do state intestate laws make having a will so necessary today? HAFFEY: "Those laws of intestacy, written by each state legislature, are written to accomplish what the legislature feels 'most people' want to do with their estate upon their death. However, believers are not 'most people'; since we are to follow principles found in God's Word, we have good reasons for drafting a will which would meet our particular needs and satisfy our responsibilities." TORCH: Many states are very similar to the State of Ohio in the law of descent and distribution. There are some real hardships that can be created by allowing the state to write your will. What are some of these problems? HAFFEY: "Obviously, the estate may not be distributed as the decedent would have desired had he or she taken time to draft a will. The Ohio Statute of Descent and Distribution provides that two-thirds of the husband and father's estate passes to his children and one-third to his wife. I have found that few of my clients would want this result. In addition, this property descending to the children will be 'tied up' in their estate until they reach the age of majority. In the meantime, a guardian to acknowledge the

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