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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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 ...
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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 ...
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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, ...
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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 &...
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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?
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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 ...
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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 ...
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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?
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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 ...
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Is a will invalid in Canada if you don't have two witnesses that saw you write the will in person and sign your will?

Is a will invalid in Canada if you don't have two witnesses that saw you write the will in person and sign your will? I am not sure if I understand the law, but it seems like you're forced to print ...
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Does your will cover money held outside of the country?

Does your will cover money held outside of the country? Let's say you are American, you die and you wrote a will in the United States, but you don't have wills outside of the American jurisdiction, ...
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Enforceability of contracts that call for provisions in a will

If Alice and Bob enter into a contract that calls for Bob to put a provision in his will that benefits Alice, and Bob does not put in the provision, would the courts likely uphold the contract after ...
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What to Do About an Executor Lawyer Who Gives No Sign of Closing an Estate

I am trying to ascertain how long it should take a lawyer to close someone's estate. I know that each situation is different, but let me provide you with some general details: A Rhode Island woman who ...
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2 votes
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What are the intestate succession rules for intellectual estate (literary works) in India?

My father passed away without a will. He has some unpublished books that I'd like to publish. However as a will does not exist, I am not sure how the copyright or ownership of the intellectual ...
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Can giving all your money to a private company be challenged in court?

Can giving all your money to a private company be challenged in court? I am wondering if such a will can be challenged using the insanity clause, because it seems like it's not something a lot of ...
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How does Ohio handle intestate inheritance of jointly owned property

My best attempt to summarize the situation; Ohio property purchased as JTWROS by A, B, and C. A and B are married. C is adult child of A and B. Unfortunately, A suddenly passes, not leaving a will. ...
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Does a testator have the power to deny challenge?

Jurisdiction: India Legislation: Hindu Succession Act Where a will mandates any beneficiary challenging it stands to forfeit certain provisions made for that beneficiary, is the forfeit clause good in ...
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I have Power of Attorney for a single relative - do they need a Last Will and Testament also?

I have a properly notarized Power of Attorney letter for a single relative in Kentucky. Does that relative also need a Last Will and Testament, or does my PoA cover whatever may need to be done when ...
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Issues with Foreign Executor of American Estate?

A long-divorced parent has two adult children, one residing in same state (Idaho for example), the other living overseas. Parent dies without debts, the only asset is a small home, and they pre-paid ...
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Surrogate Court Petition for Probate NY Notification To Others In WIll

I am in the process of filing papers with the surrogate court for petition of probate. I am just compiling all the needed information and such before I do so. I was told others named in the will need ...
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How to best express dispositions in a will

Suppose that a person (let us refer to the person as T for Testator) wants to leave someone (who we will refer to as B for beneficiary) say $100K in a will, which is well below the value of T's ...
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Clause in will invalidating later wills

I was reading an article about Hetty Green and it mentions her challenging a will on the basis that there was an earlier will with a clause invalidating any later wills. Is such a clause enforceable, ...
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Will and Living Revocable Trust

Imagine a single person with a net worth in the millions but less than 10 million. He / she is thinking about having a new will drawn up and setting a living revocable trust. Part of the idea behind ...
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WV Probate court changing interpretation of will AFTER probate closed

My mother's will states that real-estate 'goes to my children' with no mention of their descendants. In the residuary estate section, it states the Residuary estate goes to my children and their ...
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Are holographic wills really routinely thrown out by probate courts?

A lot of states do not permit holographic wills and specifically state in their laws that an unwitnessed will is invalid. This seems like a cruel provision to me. So, if a person writes out in their ...
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Children and grandchildren must be explicitly disinherited in wills?

I was reading the following clause in the NH Wills Act: 551:10 Child Not Named, Etc. – Every child born after the decease of the testator, and every child or issue of a child of the deceased not ...
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How to write your own legally binding will [closed]

As a laymen, without seeking a professional lawyer. How can one write a will that is legally binding and will be respected after your death. I know you need witnesses. Maybe even a notary would be ...
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2 votes
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Inheritance after a homicide

I was watching a “true crime” type of TV show, which raised an interesting question (to me) regarding wills and inheritance. Here’s the scenario: An elderly wealthy man had a neighbor who was his ...
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Freezing funds with positive balance

My spouse's son is on an account with his stepmother. Both were put on the account at different times by his dad. Unfortunately his dad passed away recently. The money in the account was to be split ...
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1 vote
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Unreasonable terms in a will

I'm trying to find information on whether a will in the UK is unenforceable, based on the fact that the terms in it are unreasonable, and can't seem to find any information - all advice on the ...
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How complex can a will or testament be?

How many resources will be expended to execute it? Is this process self-funding? Say, if it prescribes that assets should be disseminated only upon a condition, possibly many years in the future, can ...
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How do will holders discover the will maker has died?

My question relates to the UK, though the question could apply to other locales. Say I lodge a will with a legal representative in one part of the country (or even in another country) and years later ...
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Wills and burial requests

Can I be held legally responsible for not burying a person as specified in their will, if there are not enough funds in the estate?
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Just the executor, or executor and witnesses to open a safe deposit box of the deceased?

The court assigns a family member or friend of the deceased to be executor so that a safe deposit box can be accessed. What are the laws and court considerations that govern when/whether another ...
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Court appoints executor; the will found in safe box names a different executor (USA)

Someone dies and their will cannot be found. Two people petition the court to be the executor. They do not get along and do not want to be co-executors. The court appoints one of them to be the ...
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Intestate succession in Utah: Parent and Siblings

Joe owned a home. He died without a will. His survivors are a mother and six siblings. Do I understand correctly that the mother inherits everything and the siblings nothing? Here is a link to the UT ...
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Clarification of "per stirpes"

If it matters, this is in the US state of Oregon. If we bequeath equal shares of something to our two children per stirpes, is his/her spouse automatically included, or only their children?
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Wills and probate question. When is a will considered contested?

Venue is likely Idaho. Under what authority or condition would a stipulation of a will be considered contested? Will Contest. If any person shall for any reason or in any manner whatever, directly ...
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Can my sister-in-law be barred from my parents' will? [duplicate]

My sister-in-law is a horrible person, and I was wondering what would happen if my brother passed away after my parents' will was already executed. In the event my brother passed first, it's obvious I ...
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How to prevent assets in a will from being passed to a person suffering from incurable dementia?

Triggered by this question, a similar one. How can I write a will such that if a beneficiary is suffering from senile dementia at the time I die, they are passed elsewhere? The situation may well ...
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36 votes
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How to protect assets from being passed to a beneficiary in a will when they are likely to die soon also

I'm going through the process of creating a simple (my first) last will and testament. I'm young with modest assets. I'm married with no children and live in the United States. I'd like to have ...
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Simpler way to handle living trust/will for property than transferring into a Trust

I just completed the Nolo Quicken Willmaker. It prints the following notification/warning: You're done making your trust document. Congratulations! Your living trust is not yet effective, however. ...
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3 votes
4 answers
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Can I (proactively) prevent someone from leaving me something in a will?

What can I do to prevent someone from leaving me something in their will? Generally speaking, in North America: Do I have to take responsibility for things left to me in a will or are their other ...
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Last Will and Testament

If you search for will services there are many that seem to do nothing more than fill your name and other details into a predefined format. These services also often charge money for it. Of course ...
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Can a Last Will legally specify beneficiaries at a specified url?

Can a Last Will legally specify beneficiaries in an external document? For example, can the Last Will point to a url that shows a list of beneficiaries?
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Can an interest in real property by adverse possession be inherited?

In Australia can someone has a an interest in property by adverse possession bequeath the property to an heir? If so, will that claim be able to defeat the interst of an heir of the legal owner?
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Witnessing a will

I am living in Punjab. My father has made a will favoring his property in my name. The will is on a simple paper. Will has two witnesses . One is his wife I.e. my mother. She is not a beneficiary In ...
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Living will to euthanize me in a Phineas Gage/Tila Tequila situation?

There are fates which scare me more than death, more than permanent comas or disability, more than amnesia or dementia. It's suffering brain damage which would render me abhorrent to my former self. ...
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Example of wills being declared forged without the signature being forged?

Is there case law in common-law-based legal systems regarding claims that a will is forged - but without the signature being forged, and without the text being altered after the signature? For example:...
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Are there tests to apply to wills to check their validity?

What kinds of tests can one reasonably apply to wills to check to see that each stipulation holds up without going before a judge and can withstand a courtroom challenge?
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