Main > Everything Else
Expression - and common misconceptions
ChadTower:
--- Quote from: shmokes on June 23, 2009, 11:33:51 pm ---BTW, here's something kind of interesting. If you handwrite your will it doesn't have to be witnessed or notarized or abide by any of those pesky will formalities (in most jurisdictions). You can write it and put it under your mattress and even if not a single soul knows of it's existence while you're alive, as soon as it's found after your death it controls (provided that the person who finds it doesn't burn it :)).
--- End quote ---
So what happens if someone decides to challenge and say it wasn't written by the deceased? Or that the deceased was not in a competent mindframe when it was written?
ChadTower:
--- Quote from: pinballjim on June 24, 2009, 10:48:43 am ---You call my aunt that makes a very nice living analyzing documents.
--- End quote ---
To testify in court...
It happens up here all the time, actually. The ancient falling down farmhouse on 50 acres that John Smith bought cheap to farm in 1946, who died in 1975 and his newly deceased widow still lived on, is now worth millions. The lawsuits start flying before the funeral is finished. Even a notarized binding will can be challenged. A person may or may not win their challenge but that sure doesn't stop people from trying when the stakes are 7 figures in real estate.
ChadTower:
--- Quote from: pinballjim on June 24, 2009, 11:32:45 am ---Jeezus christ, Chad, do you EVER give it a rest?
--- End quote ---
It's a debate, jim, and people have viewpoints. Deal.
shmokes:
--- Quote from: ChadTower on June 24, 2009, 09:13:30 am ---
So what happens if someone decides to challenge and say it wasn't written by the deceased? Or that the deceased was not in a competent mindframe when it was written?
--- End quote ---
It can be challenged on limited grounds, but that doesn't open the door to intestacy unless the will challenge succeeds. But yeah, the person still has to have been of sound mind when he wrote the will, so that is one of the grounds on which it can be challenged. As for proving that he wrote it, it's not very difficult. Just about any evidence can be used. It can be proved by testimony that it's his writing, or having a handwriting expert compare the handwriting to a sample.
The handwriting thing gets pretty crazy. If you type out a will disposing of your entire estate and then in the margin, on the same piece of paper, add, "In addition to any dispositions I have already made, I give the remainder of my estate to my neighbor so-and-so who has been my best friend and lover for the past five years," and then sign it, only the handwritten portion will be valid (if you didn't get the thing witnessed, etc.). So you may have just written your entire family out of your will and given everything to the neighbor!
Ummon:
Welp, had the funeral ceremony yesterday. Actually, she didn't really want one, but of course everyone else did. Catholic, too. Was kinda interesting, though after a bit I was getting kinda bored - partly because I knew what the priest didn't, obviously couldn't, and who was saying no one could: about the afterlife.
Ah well. At least I got to hang with my family, especially those I don't often see, or haven't seen in years, like my cousin and his wife - whom I came to covet in some fashion.....hehn hehn hehn hehn hehn....yes, she's a pear.
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version