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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45 views

Wills and burial requests

Can I be held legally responsible for not burying a person as specified in their will if there are no funds in the estate?
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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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What happens to debts when someone dies?

How are debts and loans recovered by the lenders after a borrower passes away? A debt can be as small as 100 bucks for the credit card bill. It can be as big as millions of bucks for mortgage (or ...
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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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How does one value an estate before being able to access details?

Question arising out of this answer. In the UK, one needs to value the money, property, and possessions of someone who died, before one can apply to represent the estate for official dealings. ...
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The firm holding the original will for my father has dissolved. How can i get a copy of the original?

wills, legacy and law ltd were the firm holding my father's will. This company has now dissolved. I have a copy of the will but it is unsigned and dates from around 28th March 2000.
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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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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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Foreign national drawing up a will in the US

My wife is a German she wants to draw up a will in the US. Will it be valid in Germany and Canada?
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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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What does the article of this will mean in layman's terms?

ARTICLE III I specifically device and bequeath a life estate of my real property located at LOCATION unto PERSON1 as long as they reside there upon and reasonably maintains the same with the ...
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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 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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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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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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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 ...
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1answer
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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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Joint executors: can one be silent?

In a will where two executors have been named, can one be "silent" without having to go through renunciation? I believe the writer named two in case one didn't survive the other, but only one has an ...
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1answer
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How is the passing of an estate's property handled when the recipient has also died?

This is a theoretical question so I may not have thought it through completely. We have a grandmother who has died, leaving behind a will that is several years old. In it, she has given an asset (...
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Is a testator not an executor if they execute their will?

Just want to make sure I have the right terminology. The person who makes a will and testament is a testator. The executor (also known as an administrator) has the responsibility to carry out the ...
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Can bones be willed to a family member after death?

Suppose I wish to leave some or all of my bones to a loved one after my demise (properly cleaned and bleached), or have a loved one leave me bones, is that something I am able to legally do (assuming ...
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What are the consequences of forging a will, in common law and in civil law?

In any legal system (in which individuals can transfer property ownership upon their death through wills), there are probably criteria for when a will is admissible (e.g. the deceased was cognitively ...
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Making of a will

My father has made a will in favour of me but it has been got written from someone else but not written by my father himself although signed by him . I want to know whether it is a valid will and can ...
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Estate Planning - Spouses with survivorship clause - could a named beneficiary “double up” on simultaneous death scenario?

Lets say there is a married couple and they both have identical wills; with a survivorship clause along the lines of: I direct that the reside of my estate shall be paid, transferred and delivered to ...
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Drafting a will to have a third party sell an inherited home? [closed]

The question title may be a bit misleading - it's hard to word my issue. Apologies in advance. Background I am 27 and my sister is 23. We stand to inherit a 1500 sq. foot home should anything happen ...
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Writing an easy-to-change will

Let’s take the following example: Alice is a web developer and she is in her 20s. She owns a business and some properties, bank accounts, Cryptocurrency wallets etc. She wants to write her will so, ...
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Causing a sedated person to sign a will: Is it fraud or not

Is it legal for parties to put a pen in a sedated person's hand and sign their Will? Or is it fraud? I really need to know, please
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Parent dead without a will

A person dies without a will in California, US, and one of several children proposes to take control of real estate. Under what conditions is this legal? How can such action be challenged, if it can ...
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What happens if a person is thought to be dead and their estate is administered, and then they turn up alive?

Suppose a person disappears and is thought to have died (e.g. massive fireball plane crash, 'nobody could have survived that') and so their estate was administered. And then, after their property ...
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Accidentally writing self in beneficiary signature

My father-in-law who recently died accidentally wrote himself as the beneficiary for some investments many years ago. Now the company will not give his wife the money even though The Will says she is ...
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1answer
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How can my company become an executor for social media account removal in the event of a death?

I'm starting a business with a friend where we plan to automate the process of closing social media accounts, bank accounts, etc. on behalf of deceased individuals. Looking into this further, some of ...
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Sister and 23 yr old niece won't move out of deceased mom's house

My mother died 6 weeks ago. My sister lived with her, and took care of her for a long time. I give her credit for that. Since mom has died, sister is holding onto the will. Our brother is the ...
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Protecting myself against my future self

There is always a grey zone between being 100% mentally operational and the beginning of, say, age-related dementia. Before a physician can declare that someone is not able to make clear, rational ...
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1answer
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How do I protect my child's assets against medical expenses incurred by their potential guardian?

I am in the process of drafting a will for my estate and would like to designate friends of mine as potential guardians for my children in the event of my death. The concern I have is that my friends ...
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2answers
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1000-year trust? (fictional)

PREMISE: I'm writing a novel about a man who creates a legal entity intended to last 1000 years, and I'm not sure how to classify it. For lack of a better word (and total ignorance on my part), I ...
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Plain English Follow Up

This is a follow up to my previous question: Plain English Meaning Of Trust Language, which I included a picture of for clarity. The trust article outlines what happens if an heir is deceased but what ...
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Does my will need to be in legalese?

My wife and I are planning to write a will, or have one written for us. To me, it seems very simple. Our wishes are: If either my wife or I dies, the other one gets everything. If we both die before ...
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Plain English Meaning Of Trust Language

Can someone please translate the paragraph means into plan English? The image is taken from a revocable trust.
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Can my will gift digital files to specific people?

A specific bequest is defined as such: the gift in a will of a certain article to a certain person or persons Here it says: A specific bequest is a gift (bequest) or a specific item or asset to ...
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UK solicitors as sole executors of a will: any brake on their time and fees?

Somewhere in England: John is the only child of the widow Jane and sole beneficiary of her will. According to her wishes he was living in her house and managing her affairs while she was sick. When ...
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Executor Pink Slip [closed]

How much time do I have to contest that an estate executor is accurately reporting the value of the estate and distributing the assets in accordance with the will? Jurisdiction: Oregon, US ...