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"Mr. James Ford was really helpful and prompt. I have forwarded him the requested information to update my Will. I will be happy to recommend James to my friends and acquaintances in future." [Will - Qld]
"Very prompt and informative information given." [Will Dispute - Qld]
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This thought-provoking article underscores the often overlooked yet profoundly important aspect of estate planning – the ethical will or legacy letter – adding depth and significance to the process of passing down not just assets, but personal values and wisdom.
,
Blog Article ➲ Review Comment8
Aug 2023
An Ethical Will (Hebrew: zava'ah) is a document that passes ethical values from one generation to the next.
Rabbis and Jewish laypeople have continued to write Ethical Wills during the nineteenth and twentieth centuries. (Riemer)
In recent years, the practice has been more widely used by the general public.
In BusinessWeek magazine and in an American Bar Association electronic newsletter it is described as an aid to Estate Planning; (Murphy; Friedman) in health care and hospice (Baines; Freed) and as a spiritual healing tool. (Weil; Freed).
Ethical Wills (also known as a Legacy Letter) are written by both men and women of every age, ethnicity, faith tradition, economic circumstance & educational level.
📘 The Measure of Our Success: A Letter to My Children and Yours by Marion Wright Edelman,
📘 Everything I Know: Basic Life Rules from a Jewish Mother, and
📘 President Barack Obama's Legacy Letter to his daughters of January 18, 2009.
The concept of the ancient traditional Ethical Will was to "transmit love, learning & ethical instructions to future generations".
The Ethical Will is a tool for spiritual healing in religious communities and in the care of seniors, the ailing and the dying.[2]
Estate and financial professionals use the Ethical Will to help clients articulate values to inform charitable and personal financial decisions + preparation of their last will and testament.
The Ethical Will is not a legal document.
Modern heirs may resist being "controlled from the grave" & more readily accept explicitly spiritual blessings from elders.
It could be a letter—ranging from half a page to a bound book—or a video recording.
There are no rules governing what goes into an ethical Will / Legacy Letter, or when the contents should be shared with your heirs, but the idea behind it is simple: Convey values, not valuables.
Deeply rooted in western religions, the practice of writing ethical Wills has re-emerged as a way of leaving behind something more meaningful than material goods.
To learn more please read our FAQ: What is an Ethical Will / Legacy Letter?
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➲ 🗄 Will hard-copy printing + binding service.
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An Ethical Will (Hebrew: zava'ah) is a document that passes ethical values from one generation to the next.
Rabbis and Jewish laypeople have continued to write Ethical Wills during the nineteenth and twentieth centuries. (Riemer)
In recent years, the practice has been more widely used by the general public.
In BusinessWeek magazine and in an American Bar Association electronic newsletter it is described as an aid to Estate Planning; (Murphy; Friedman) in health care and hospice (Baines; Freed) and as a spiritual healing tool. (Weil; Freed).
Ethical Wills (also known as a Legacy Letter) are written by both men and women of every age, ethnicity, faith tradition, economic circumstance & educational level.
📘 The Measure of Our Success: A Letter to My Children and Yours by Marion Wright Edelman,
📘 Everything I Know: Basic Life Rules from a Jewish Mother, and
📘 President Barack Obama's Legacy Letter to his daughters of January 18, 2009.
The concept of the ancient traditional Ethical Will was to "transmit love, learning & ethical instructions to future generations".
The Ethical Will is a tool for spiritual healing in religious communities and in the care of seniors, the ailing and the dying.[2]
Estate and financial professionals use the Ethical Will to help clients articulate values to inform charitable and personal financial decisions + preparation of their last will and testament.
The Ethical Will is not a legal document.
Modern heirs may resist being "controlled from the grave" & more readily accept explicitly spiritual blessings from elders.
It could be a letter—ranging from half a page to a bound book—or a video recording.
There are no rules governing what goes into an Ethical Will / Legacy Letter, or when the contents should be shared with the heirs, but the idea behind it is simple: Convey values, not valuables.
Deeply rooted in western religions, the practice of writing Ethical Wills has re-emerged as a way of leaving behind something more meaningful than material goods.
Susan Turnbull, founder and principal of Personal Legacy Advisors, a firm that advocates non-binding personal-legacy documents as a component of estate and philanthropic planning says:
"What struck me was that it was the missing piece of estate planning …
A Will is written in formal legalese that is very limited in scope.
It has no personality, and there is no life or warmth in it.
Love and affection and gratitude may be implied by the document, but are never stated.
An Ethical Will takes a 30,000-foot view of your life, and tries to capture the essence of what has been important to you, and the lasting messages you want to leave.
The Ethical Will is written to help other people, for the benefit of the heirs, but the process the author goes through to create it is as valuable as the document itself.
The author has the opportunity to pause and reflect on her/his life in ways she/he might otherwise never do."
Linda Beerman, Chief Fiduciary & Risk Officer at Atlantic Trust, a private wealth-management firm, and manager of its wealth strategies group, says:
"Ethical Wills are an important part of helping prepare the next generation to become "good stewards" of the family wealth.
Typically these are private expressions of love, of what the owner of the wealth wants it to mean for the next generations.
It's an effort to pass down not just the money, but all of the drivers [of the] creator of the wealth, and what he or she wishes the legacy to be for the family.
The Ethical Will is a great way to tie it all together.
It answers the question: What is this all for?
With nearly every family there is a deeply emotional personal story behind the accumulation of the wealth."
🧩 Family history + Cultural & Spiritual Values;
🧩 Blessings & Expressions of Love for, Pride in, Hopes & Dreams for Children and Grandchildren;
🧩 Life-Lessons + Wisdom of Life Experience;
🧩 Requests for Forgiveness for Regretted Actions;
🧩 The Rationale for Philanthropic + Personal Financial Decisions;
🧩 Stories about Meaningful Objects for Heirs to Receive;
🧩 Clarification about and Personalisation of Advance Health Directives; and
🧩 Requests for Ways to be Remembered after Death.
Susan Turnbull, offers the following tips:
If you were not here tomorrow, what is the most important thing you would not want left unsaid?
It might be a simple as saying, "thank you" in your own words.
Write it down – you've begun.
You are not trying to write for the Pulitzer Prize.
What you create is a gift of yourself, made for those you love, not for an imaginary panel passing judgment on your life or your writing.
What do I want to make sure my loved ones know and have in writing?
What messages, feelings and information do I want to endure beyond my life?
Start small and add to it over time if you wish.
It's natural to expect that what seems most important to share might grow and change as you and your audience age.
The reach of your words is unknowable.
Keep it in an accessible file, so you can add to it effortlessly.
Keep it with your legal papers or refer to where it can be found.
Make sure your words find their intended audience.
Note: Using our Digital Safe Custody Vault will ensure you accomplish these objectives.
Even as you know you may augment or change your document over time, think of the rewards of creating a monologue that will promote dialogue.
Credits:
This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
✅ A simple and highly secure way to manage, assign + leave your Digital Assets together with your instructions;
✅ Items such as passwords, cryptocurrency, NFT's (Non-Fungible Tokens), messages, important legal documents, your "Museum of Me" + more;
✅ Leave detailed instructions for the long-term care of your Pet/s;
✅ At every stage, we have designed the process to ensure that no data can be accidentally exposed;
✅ Intelligent permissions management: Our legal team will only see data we collaborate on together, or data you want us to see;
✅ Select who amongst your nominated Executor/s, Digital Steward + Confidants can see your Digital Assets now, and/or after you pass away;
✅ Friendly interface; and
✅ Collaborate with us on sensitive matters with ease.
Until now people have only had a few choices to safeguard + update their Digital Assets.
They could write down all their secrets and passwords on a spreadsheet or on a piece of paper, put a copy in an envelope and simply stick them in the sock draw – or pay for a safe custody lockbox at a bank, and make a trip there every few years to ensure the details are kept as current as possible.
The problem is that others could stumble upon the details, the hard drive could corrupt, the house could burn down, the key to the safe custody lockbox could be lost, and/or due to the difficulty in updating the information it is now out-of-date!
Our Digital Safe Custody Vault is safer, cheaper, more secure + easier to update anytime 24/7.
🔒 All data is triple-encrypted, meaning only you can see it - we can't see your data unless you grant permission!
✅ An easy-to-use web browser interface or downloadable local app to your desktop or laptop (Windows or Mac) means updating passwords or files is simple.
🧩 Perfect backup and Estate Planning solution for all your Digital Assets (including Cryptocurrency).
Before your Digital Assets are released according to your instructions, unanimous consensus is required from all persons you nominate as your trusted Confidants + Blue Ocean Law Group℠ that you have passed away, as well as an independent analysis of your last login time, devices used and other activity data.
✅ Easy + quick administration with zero chance of important information, such as the location of your current original Will (as well as locating digital copies for added fraud prevention) being unable to be determined/found by your Executor / Digital Steward.
✅ We layout the tasks we recommend you complete to create / update your Smarter Digital Legacy Plan.
✅ You complete the tasks at your own pace whenever is convenient for you 24/7;
✅ You will be prompted to make sure everything gets done in a timely manner by automated reminders.
Credits:
This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
In a word it is "Bullet-Proof", or in another word "Unhackable"!
Our platform provider The Prepared Company uses end-to-end military-grade encryption, enforces two-factor authentication, and uses social engineering + legal proof prior to triggering release of your Digital Assets.
Our Digital Asset Safe Custody Vault was built by experts who are using it themselves to protect + safeguard their own Digital Assets.
Each client has their own unique key created when they sign up – this encryption key is used to encrypt their Digital Assets.
Only your unique encryption key can read or write data for you.
Once the data enters your account, it is then encrypted again with our Blue Ocean Law Group℠ encryption key.
This means one would now need both your unique user key and our application key to read your data.
Once your encrypted data is stored, we encrypt it a third time using a database key.
This effectively puts the key to the Digital Safe Custody Vault – inside the vault.
At a certain point, cyber security boils down to individuals also embracing safe practices.
While a lot of businesses make these optional – we do not.
✅ We enforce Two-Factor Authentication (which means merely having your username and password is not enough to gain access to your account); and
✅ Routinely check your data against historic 3rd party data breaches and hacks.
✅ We don’t force you to change your password every 6 months, but we do ask you to verify each time a new device is used to log in to your account.
If your Digital Assets are extremely valuable or sensitive, it is possible to add an additional layer of security by adopting the practice of Hybrid Storage™.
Hybrid Storage™ involves storing part of a Cryptocurrency / NFT (Non-Fungible Token) Encryption Key or Password digitally, and other parts physically (or vice-versa).
Best practice would suggest that the Encryption Key or Password be divided into at least 4 parts for maximum protection.
The advantage gained by using Hybrid Storage™ is that if either the Physical or Digital Asset Safe Custody Vault are breached by criminals ➲ there is not enough information to take control of / or deal with your Digital Asset.
Additionally, when the concept of Hybrid Storage™ is adopted, it is possible for multiple physical backup copies of the partial Encryption Key or Password to be physically stored (even outside of the Physical Safe Custody Vault) without substantially increasing risk.
Each partial Encryption Key or Password by itself is no good without the other parts of the Encryption Key or Password which would be safely stored in other Physical Safe Custody Vault locations as well as in the Digital Asset Safe Custody Vault.
A less effective, but also much more convenient + simpler solution would be to use a Hardware Wallet and store the location of the Hardware Wallet and its access key within the Digital Asset Safe Custody Vault.
For further information please read our FAQ: How is a Hardware Wallet used to Store Cryptocurrency?
The most appropriate additional security solution will depend on your need for convenience / level of risk tolerance.
Credits:
This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
If you have important documents – like a Will or Power of Attorney – you don’t want to leave lying around the house, the CBA's Safe Custody envelopes let you store these documents safely and securely at one of CBA's branches.
You can access your documents at any time during bank hours.
The annual fee for keeping your items in Safe Custody envelopes and/or boxes at a CBA branch is as follows:
🗄 Standard envelope supplied by the Bank - $88 p.a.* per lodgement
🗄 Non-standard envelopes - $198 p.a.* per lodgement
💰 Safe Custody box - $198 p.a.* per lodgement
🔒 A.C.T Supreme Court
[$125 deposit, $46 withdraw. Prices effective as at 1 August 2020];
Pursuant to s. 51 of the Succession Act 2006 (NSW) any person may deposit a Will in the office of the Registrar.
The current prescribed fee set by the regulations (as at 1 July 2021) is $137.
🔒 NSW Trustee + Guardian
[$29 one-time fee for a single document; $49 one-time fee for multiple documents. Prices current as at 19 November 2020].
🔒 Custodian Vaults [Sydney, NSW]
"Legal documents take a considerable amount of effort to draw up, execute and are a costly and sometimes irreplaceable.
Items like deeds, wills, and other legal documents are best stored out of the home and in a secure centralised storage facility. These items are not necessarily best stored in the home safe and in almost all cases best kept offsite.
Custodian vaults offers vaults from $25 per month that will store not only a large quantity of legal paperwork but other personal effects like passports, jewellery and bullion.
Custodian Vaults will offer complimentary insurance up to $10,000 and a nominal amount thereafter. Our insurance is underwritten by Lloyds of London, and is significantly cheaper than any level of house and contents insurance, providing peace of mind as well as in some cases necessary compliance."
🔒 ARA Security - Safe Custody [Western Sydney, NSW]
ARA Vaults are experts in the secure storage of a highly valuable possessions, such as gold and silver bullion, heirlooms, important documents and data, cryptocurrency (such as Bitcoin) and jewellery.
They provide a range of different Safety Deposit Boxes and Bullion Safes to suit your storage requirements and they offer free unlimited access to your Safety Deposit Box or Bullion Safe at their private, state-of-the-art vault facility in Western Sydney.
Their vault is equipped with highly secure technology and infrastructure, including Iris Biometric identification, to offer world-class security for your most valuable assets, investments and possessions.
🔒 N.T. Public Trustee
[“You can store your Will for free at the Public Trustee office in a specially maintained vault.”];
🔒 The Victorian Will + Power of Attorney Registry
[Anyone in Victoria can register information about where they keep their Will + Power of Attorney documents at no charge. There is also the option to physically store originals for free];
🔒 W.A. Will Bank
[Free service operated by the WA Public Trustee];
🔒 Reserve Vault [Brisbane, Queensland]
"Secure Document Wallet: Secure document storage held in individual A4 sealed Document Wallet in one of our fire resistance drawer safes. Only $99/year!
🔒 Private Vaults Australia [Redcliffe, Queensland]
Private Vaults Australia chooses single-use bags manufactured from an opaque COEX material and utilise a high security tamper evident tape (resistant to temperature, moisture, and solvent-based tampering).
The non-see-through nature of the material provides complete privacy making them very discreet.
The bags have writable surfaces and printed with unique serial numbers and have a corresponding barcode for convenience.
SCEC Approved
Features
For S.A. + Tasmania
[Contact Us].
Credits:
This FAQ was prepared by Suk Jae Chung | Practical Legal Training (PLT) Placement, Blue Ocean Law Group℠ + James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
What do you need to understand in terms of your Will?
⚖️ You cannot name your Pet/s as direct beneficiaries in your Will.
⚖️ For clarity, you cannot include statements in you Will such as “I give $X to my cat Toby".
⚖️ Legally a pet is regarded as your property. That is, as one of your possessions.
⚖️ Pet/s are not legally recognised as a ‘person’ under the law.
⚖️ This means they cannot own property, hold a bank account, sue or be sued, or in this case, receive a gift as a beneficiary directly under a Will.
The approach to take will depend on your personal circumstances, what you prefer for your Pet/s, and their needs.
Some simple + valid options to consider for the long-term care of your Pet/s under your Will are as follows:
✅ You can make a gift of your Pet/s to a trusted family member, after you have discussed it with them and they have agreed to take on the responsibility.
✅ Provide for an alternative, Plan B, trusted friend or family member, just in case.
✅ In addition, it would be wise to give a sum of money (legacy) in your Will to the actual recipient of your Pet/s to cover your conservative estimate of your Pet/s lifetime reasonable living, maintenance and anticipated healthcare costs based on your experience.
✅ Alternatively, as a Plan C, you could gift your Pet/s to a registered pet charity, rescue charity or pet shelter such as the RSPCA to be re-homed or adopted by another pet-lover.
✅ Ensure you get the name of the charity or shelter 100% correct, and provide for an alternative charity as a further backup just in case.
✅ If you have more than one Pet, consider whether you want them kept together.
✅ Clearly communicate everything to your Executor/s so they can work quickly to ensure your Pet/s are kept as safe and comfortable as possible at a time which will be difficult for them as well as for all concerned.
⚖️ If you already have a Testamentary Trust in your Will, you can expand it's scope to include provision for the care and maintenance of your Pet/s during their lifetime.
⚖️ If you don't already have a Testamentary Trust in your Will, the ability to provide for the lifetime care of your Pet/s is another reason to consider adding one.
⚖️ Where a Testamentary Trust is included in your Will solely for the purpose of providing for the lifetime care of your Pet/s it is called a Testamentary Pet Trust.
⚖️ Under a Testamentary Pet Trust the trustee holds the money for the benefit of the named Pet/s.
⚖️ When the Pet/s die, the Testamentary Pet Trust is wound up and distributed according to the directions made in the Will, which might be to an animal charity or elsewhere.
⚖️ While using a Testamentary Trust provides increased certainty that your allocated funds will be devoted to the long-term care of your Pet/s, it is also more costly to administer.
⚖️ Choice of trustee is important.
⚖️ Someone trusted to carry out the terms of your trust, preferably independent and experienced, needs to be appointed in the Will as trustee for this purpose.
Certain species of animals like turtles, koi fish + birds (e.g., parrots) can live up to 100 years or more.
⚖️ In most state and territories of Australia (except South Australia) the life of a Trust is a maximum 80 years.
✅ If your Pet/s could outlive the useful life of the Testamentary Pet Trust, it becomes crucial that you seek legal advice in order to create a specific plan for what is to occur if your Pet/s outlive the Trust established for its long-term care.
⚖️ Any gift well in excess of your Pet/s actual needs, opens the door to the possibility that your Will might be challenged by eligible beneficiaries.
Your Pets are your property so if you make a Will and don’t make any specific arrangements for them, they will form part of your residuary estate.
Whoever you have designated to inherit the residue of your estate will then be entitled to take ownership of your Pet/s.
If you have not spoken to your residuary beneficiaries, it may be unclear which beneficiary is to take care of which Pet/s.
⚖️ It is not difficult to foresee the potential for further disputes arising!
For a more detailed discussion please refer to our blog article “Care Planning for your Furry, Fluffy or Fine-Feathered Pets" by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
The following definition of Digital Legacy has been extracted from the book * Digital Legacy Plan: A Guide to the Personal and Practical Elements of Your Digital Life …
A legacy is anything — material, emotional or digital — that leaves a lasting effect after we pass on.
Many think of this in terms of the material goods typically described in a last Will such as your house, your car, your jewelry, etc.
It's also familiar to think about the emotional legacy we leave in the people who survive us — children, friends, colleagues.
Your legacy is also reflected in your body of work, or the impact you have had on the world around you.
What will you be remembered for?
Digital Legacy is a modern extension of what we leave behind when we pass on.
🧩 Ease of business transition and succession;
🧩 Continuity of important or confidential client or corporate work;
🧩 Transfer of hard-earned social proof and follower trust;
🧩 Preservation of personal or professional reputation;
🧩 Protection of intellectual and creative property;
🧩 Strategy for online revenues or valued marketing and sales system.
🤔 You are empowered to determine for yourself your Digital Legacy;
🦜 Leave detailed instructions for the long-term care of your Pet/s;
🧬 Think of what you want to see in your Museum of Me; and
💡 Consider whether you want to leave behind something more meaningful than material goods such as an Ethical Will / Legacy Letter?
Resources:
➲ Free curated list of related websites + resources see our Digital Legacy ➲ Smartlist.
➲ Digital Legacy Plan: A Guide to the Personal and Practical Elements of Your Digital Life before You Die by Angela Crocker and Vicki McLeod [2019].
Credits:
This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
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