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Questions tagged [wills]

A will or testament is a legal document by which a person expresses their wishes as to how their property is to be distributed at death.

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How is a deceased beneficiary handled in Japan if a will doesn't specify?

Presume that a notary deed will in Japan provides equal shares of the estate to three beneficiaries, all Japanese citizens, and does not specify what happens if a beneficiary dies before the testator. ...
rhashimoto's user avatar
6 votes
1 answer
2k views

Who has the right to examine a will?

If a person is notified that they are named in a will and there is an asset they will inherit, would that person then have the right to examine the will if it's not already public information? The ...
Not_Einstein's user avatar
3 votes
1 answer
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What does the following mean in my dad's UK will?

Absolute Residuary Gift SUBJECT to the trusts DECLARED above my Executors SHALL HOLD my estate for the trustees of THE [name of trust] FAMILY PROBATE TRUST absolutely
Nick Lloyd's user avatar
1 vote
2 answers
101 views

Why would legitimate "corporate trustees such as banks" act, when "they have not even been asked by the testator whether they will act"?

I am befuddled by Fox LJ in Re Duke of Norfolk’s ST [1982] Ch 61. But very frequently executors and trustees of wills know nothing of the terms of the will until the testator is dead; sometimes in ...
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1 vote
1 answer
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If a will is lost (while person alive) and unsigned copy exists, is it valid if properly signed? The date in the will will be years before signatures

England - If a will is lost (before the person dies) and an unsigned copy exists, is it valid, if properly signed and witnessed? The only issue I can think of is that the date in the will will be many ...
AndyBasic's user avatar
0 votes
2 answers
268 views

If a person knows they are going to die imminently, but owe money, can they take out the remainder of their savings as transfers to heirs while alive?

EG maybe you have cancer and two days to live, could you go to the bank, withdrawal all your savings, regardless of anything you owe, and then just give them to your heirs now while still alive given ...
R-Obsessive's user avatar
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-1 votes
1 answer
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Beneficiary question on Small Estate Affidavit [closed]

I am going through the Small Estate Affidavit DIY Forms for a spouse. Location is the state of New York, US. One of the questions is "Are there beneficiaries other than you in the decedent's will&...
user10668445's user avatar
4 votes
2 answers
289 views

Percentages and fractions in a will? [closed]

My wife and I are considering writing a will (in UK), and I have looked for general advice online. I get the impression that we have to specify how much cash should be granted to each heir; but that ...
j4nd3r53n's user avatar
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1 vote
1 answer
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If i add my wife as a cosigner to my bank account do i need to discuss my bank account in my will?

I was looking at this Supreme Court of Texas document approving revised will forms and was wondering if a bank account that I recently added my wife to as a cosigner needed to be listed as a "...
neubert's user avatar
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7 votes
1 answer
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Should I get a PO box for a will / transfer on death deed?

I'm to be a beneficiary on a will for my father and I was asked for my address. The address I provided is in an apartment complex. Maybe I'll be in that same apartment complex when my father passes or ...
neubert's user avatar
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2 votes
1 answer
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Must a solicitor always act in their clients' best interests when drafting a will?

Husband and Wife are drafting their wills and have hired a law firm to do so. For example, there is a clause that states that the trustees may make loans to the beneficiaries on whatever terms. Why ...
Arj's user avatar
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3 votes
2 answers
277 views

Can a public copyright license take effect upon the author's death?

If I understand correctly, it is possible to release copyrighted works under a public license (such as an open-source software license) upon one's death by stating this in a will. Can it be done ...
Someone's user avatar
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2 votes
1 answer
485 views

Property and Intestacy when married

What happens to property without a will while it is in probate? An IRA with a named beneficiary is exempt from probate. A house in joint tenancy does not pass through probate. However, say a car is ...
paulj's user avatar
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6 votes
8 answers
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Release my children from my debts at the time of my death [closed]

Upon my death how do I physically write the actual release of debt without an attorney, so my children are not held responsible for my debts.
Artemus hutchens's user avatar
2 votes
0 answers
165 views

How does a clause of reverter or "possibility of reverter" interact with the Rule Against Perpetuities?

This is a follow up to another more broad question. According to Wikipedia on the possibility of reverter, There is a possibility of reverter when an estate will return to the grantor if a condition ...
Evan Carroll's user avatar
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4 votes
1 answer
256 views

Are wills that easily contested?

I've seen multiple situations in TV shows, fictional and nonfictional, where wills or other expressions of post-mortem wishes have been contested for reasons that seemed trivial. One was a man who ...
Ethan's user avatar
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1 answer
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Asset protection trusts and death of the beneficiary

It is my understanding that an asset protection trust cannot allow the beneficiary to specify where the money goes after the beneficiary dies. That is, it cannot give the beneficiary a general power ...
Bob's user avatar
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1 vote
0 answers
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Where can I find a will that passed property to municipality with restrictive covenants?

The will of George H. Hermann passed property from his estate to the City of Houston. Some of the transfers, included clauses like the following, in the city of Houston, Harris County, Texas, for the ...
Evan Carroll's user avatar
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2 votes
1 answer
342 views

Who gets to see the living revocable trust documents when a person dies?

Suppose that person X has setup a living revocable trust and his or her will leaves everything to the trust. The trust controls who gets the assets after person X dies. After some time, person X dies. ...
Bob's user avatar
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10 votes
1 answer
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Meaning of 'Gift of Residue' section of a will

This section is in a family member's will: Gift of Residue I give my Residuary Estate to the said [Full Name] absolutely and if [Name] shall fail to obtain a vested interest leaving issue who survive ...
Elliveny's user avatar
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13 votes
2 answers
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What options are there for executor when no close family member is available?

What alternatives exist for finding and appointing an executor for one's will/estate for a person with no close family or qualified friend? Are there pros and cons?
AA040371's user avatar
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2 votes
1 answer
285 views

Administering a will in Mississippi

Mississippi will situation. My father recently passed and has a now discovered will (we had no knowledge prior). My brother and I are named executors of the will but have only been provided copies by ...
Eddie's user avatar
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2 votes
1 answer
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Changing a Will

Person XYZ goes to an attorney and hires to the attorney to draw up a will. The attorney produces the will and it is signed. After several years, the person goes back to the attorney and asks the ...
Bob's user avatar
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19 votes
2 answers
3k views

Which grandchild is older, if one was born chronologically earlier but on a later calendar date due to timezones?

In his will, Charlie bequeaths his estate to his "oldest living grandchild." Upon Charlie's death, his two oldest living grandchildren are Bob and Alice. Bob was born in Vancouver, British ...
FlanMan's user avatar
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2 votes
1 answer
90 views

Testamentary Trust

A person is thinking about leaving his money to four people. I will call them p1,p2,p3 and p4. When he dies he wants his money to go into a trust. In addition, he wants p1, p2 and p3 to be able to ...
Bob's user avatar
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2 votes
1 answer
176 views

Can the possible existence of a will be ignored

A person is currently suffering from a degenerative brain condition affecting memory. They have previously told their family that they did make a will, and had it stored with a solicitor in a named ...
rhellen's user avatar
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1 vote
1 answer
56 views

General Question about Last Will and Testament in India [closed]

I have few question on how to write Last will and is it valid under Indian Law. Do i have to register my Last will (Eg, Affidavit, Notary, Stamp, etc) Can Last will over ride nomination? (Eg, Mutual ...
Stellan Coder's user avatar
1 vote
1 answer
71 views

If I fall into a vegetative state, can I donate my living body to science?

Full bodies can be donated posthumously, and living organs can be donated, but if I fall into a state where I am virtually useless as a human, kept alive by life support (or whatever the legal ...
belkarx's user avatar
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2 votes
1 answer
122 views

Who determines whether a deceased person's property can be sold without probate? [closed]

My Grandmother died earlier this year. She lived in a property from 1960 onwards with her husband (my Grandad) who died in 2019. They had one child (my Dad) who died, unexpectedly, in 2017. My Dad had ...
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1 answer
103 views

Do Will witnesses in NY state require a copy of the Will prior to witnessing/signing?

In New York State in order to be a legally valid Will, the Will must be signed by two (2) Witnesses who are in no way, shape or form beneficiaries of the estate/Will. Do the Witnesses need to see/read ...
hotmeatballsoup's user avatar
3 votes
2 answers
478 views

Probate vs Non-Probate Assets for Wills

New York State (USA) here. I'm having trouble understanding the difference between Probate and Non-Probate assets, from a Will/Testament standpoint. I believe non-probate assets are specific gifts you ...
hotmeatballsoup's user avatar
-1 votes
1 answer
215 views

Signing, witnessing and filing requirements of a Last Will & Testament in NY

In New York state (USA), what are the signing & filing requirements for a Last Will & Testament? Pretend the Will itself (the wording) is valid and enforceably. My understanding is that the ...
hotmeatballsoup's user avatar
1 vote
1 answer
107 views

Understanding which inherited assets are taxed in NY

New York State (USA) here with a Last Will & Testament question. Are things like life insurance and non-probate gifts taxed? Or do they pass to beneficiaries untaxed?
hotmeatballsoup's user avatar
2 votes
1 answer
175 views

Can a modifiable appendix be a valid and enforceable extension of a Last Will & Testament?

I'm in NY state (US). I am writing a will and am at the article where I name gift designations for specific beneficiaries (son #1 gets my old slippers, son #2 gets my belly button lint, etc.). This ...
hotmeatballsoup's user avatar
3 votes
0 answers
103 views

Can Prince Philip's will be unsealed before 2111?

His will was sealed for 90 years when he died, and the Guardian's appeal failed. Can someone else do a different appeal and get it unsealed? Is there any way it will be unsealed before the 90 years is ...
Standing There Is You's user avatar
0 votes
1 answer
43 views

Single shareholder, single director corporation - How to divide assets in a will?

To the point: I'm the sole shareholder and director of a holdings corporation in British Columbia, Canada. It was funded with $3mm in cash. That cash is held by a national bank, and is then used to ...
stevieb's user avatar
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3 votes
0 answers
121 views

If I am part of a family trust but was under age can my grandmother or mother settle in court for a lump sum of money and have me taken off the will

My great grandfather left a family trust; my grandmother says she sold my portion in court to the trustee while I was under age. Is that legal? I am from California, U.S.A
Haley Decarli's user avatar
1 vote
4 answers
1k views

Does a power of attorney automatically become executor of an estate, if the deceased in question has no written will?

Person D, unfortunately, is deceased, and does not leave a written will, nor any particular indication as to who should be executor of their estate. Before the death of D, person A is provided with ...
Mia yun Ruse's user avatar
2 votes
3 answers
214 views

To what extent can a testator keep their will secret until the day comes?

Bob wants as few people as possible to know the contents of his last will. Especially he doesn't want the heirs to know it until the day comes, as well as those who would assume that they would be the ...
Greendrake's user avatar
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1 vote
2 answers
173 views

Inheritance after name change

Alice creates a will that names her child, Bob, as a beneficiary. Some time later, Bob legally changes their name to Bernice. Assuming the will is not updated, will Bernice still inherit their share ...
Ron Trunk's user avatar
  • 1,500
16 votes
3 answers
6k views

What happens when a will conflicts with a new law (a law made after the testator has died)?

What happens when a will conflicts with a new law (a law made after the testator has died)? Suppose I have been bequeathed the family farm and the testator specified that the farm must be run in ...
Natasha's user avatar
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4 votes
1 answer
53 views

Can a testator exercise testamentary freedom using a choice of law clause?

In British Columbia, some testators left little for some of their independent adult children, while leaving most of their assets to their other children. In many of those cases, the courts granted the ...
Victor's user avatar
  • 192
1 vote
2 answers
158 views

UK - Can an executor evict a mentally ill family member engaging in elder abuse?

What are possible options does an executor havve to evict an abusive daughter currently abusing her elderly (possibly senile) mother? Suppose that these key facts are true: The daughter has a history ...
ledi's user avatar
  • 51
0 votes
1 answer
63 views

Spanish Will Office?

Imagine somebody writes a will in Spain, and later on dies. For some reason, this has not been posted, nor was the beneficiary notified through any other means. Is there a central government office, ...
questioner's user avatar
7 votes
2 answers
371 views

Is a will provision naming "my wife" as a beneficiary before marriage valid?

In the novel A Colorful Death by Carola Dunn, a man, Dr Fenwick, becomes engaged to a woman, Stella Warren.He makes a new will leaving all his property (except for a few small specified bequests) to &...
David Siegel's user avatar
5 votes
1 answer
3k views

When an American citizen dies in Mexico without a will, which countries' probate law applies?

When an adult American citizen dies while vacationing in Mexico with no will but assets in both Mexico and the US, which countries' probate law applies?
COOKIES's user avatar
  • 372
1 vote
1 answer
70 views

Uk law: appoint decision maker for child after death

My partner and I are looking into options for appointing her sister as the primary decision maker in the unlikely event that we both die while our son is still young. We feel her sister would be the ...
Eli Nathan's user avatar
-2 votes
1 answer
397 views

How can I require my heirs to spend the night in a haunted mansion to receive their inheritance from me?

I wouldn't want my fortune to fall into the hands of a cowardly heir who is too intimidated by ghosts. How can I add a contingency in my will to force them to spend the weekend locked in my Victorian ...
JohnFx's user avatar
  • 237
1 vote
1 answer
93 views

Would this person be a valid executor of estate?

If a person leaves in his will a substantial portion of his funds to the administration of a religion, can he still designate a member of that religion to be the executor of the estate?
DJG's user avatar
  • 173
1 vote
1 answer
47 views

Distribution of estate reserve funds after initial settlement?

In November of 2020 a dispersement was made to all receiving parties of the estate. Additional monies were held as "reserve". How long must the executor hold onto these funds? Is there a ...
Falcon's user avatar
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