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Talk:Will and testament: Difference between revisions

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The article says "except in Louisiana, where a minimum share is guaranteed to surviving children." This is obsolete. Since 1989 only minor (under age 23) and disabled children are subject to (beneficiaries of) "forced heirship" in Louisiana today. See: Spaht, Katherine Shaw, Kathryn Venturatos Lorio, Cynthia Picou, Cynthia Samuel & Frederick W. Swain, Jr., "The New Forced Heirship Legislation: A Regrettable 'Revolution' ", 50 La. L. Rev., 1990, pp. 409-99. The article says "except in Louisiana, where a minimum share is guaranteed to surviving children." This is obsolete. Since 1989 only minor (under age 23) and disabled children are subject to (beneficiaries of) "forced heirship" in Louisiana today. See: Spaht, Katherine Shaw, Kathryn Venturatos Lorio, Cynthia Picou, Cynthia Samuel & Frederick W. Swain, Jr., "The New Forced Heirship Legislation: A Regrettable 'Revolution' ", 50 La. L. Rev., 1990, pp. 409-99.
] (]) 07:52, 2 June 2010 (UTC) ] (]) 07:52, 2 June 2010 (UTC)

== Copyright violation? ==

Based on the way it is written, and the lack of citations, I believe there is a good chance that this article was copied directly from another source and may be a copyright violation. Can anyone confirm that?

] (]) 08:42, 27 November 2010 (UTC)

Revision as of 08:42, 27 November 2010

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2006

Anyone know what the UK statute is which governs the creation of wills?

  • I'm hoping someone with more up-to-date knowledge than mine will leap in, here, but a starting point is the Wills Act 1837 (especially section 9). AndyJones 10:20, 7 February 2006 (UTC)

Sadly that act still governs New Zealand! Despite which I am seriously worried this article states what the law is without saying which country that law applies to. There is more the world that the U.S. of A. and England, dammit! :-)] 04:08, 18 June 2006 (UTC)

Hi, there are several acts that govern the UK Wills area. There is the 1925 Estate act and also the UK succession act. The UK succession act ammended in 2005 should be what you are after. There is also little difference in legal aspects from amongst the aforementioned counteries since all their original law structures were english. Thomas - www.global-wills.com

What to do with a Will after it is signed?

Should the article contain any explanation of what to do with a will after it is created and signed? To whom should copies be given? What should be done with the original? Is it necessary or desirable to have a lawyer keep it? How does the will end up in the hands of the Probate Judge? I don't know the answers, but it might be important. Willaby 19:02, 17 February 2007 (UTC)

How old to write a will?

How old do you have to be to make a will in the UK? 80.47.119.128 21:47, 19 February 2007 (UTC)

Howard Hughes

According to wikipedia's Howard Hughes site, Howard Hughes died with a will. I think the person who included that information was getting his syntax confused. Howard Hughes died with a will, but it was created before the birth of his son, so his son was a pretermitted son and was given a son's share of Howard Hughes, Sr.'s estate. I will leave it to someone else to investigate and change.

Civil law wills?

Are there wills in the civil law system? If so, it seems like serious bias for an article called "Wills (law)" to be about only common-law wills. If not, something in the article should mention and link to property disposition in the civil law system - maybe just a brief section that says something like "Wills do not exist in the civil law system. Instead, property is distributed through " Elliotreed 05:09, 6 March 2007 (UTC)

Article incomplete

How about some material on how a will is executed, what the executor does, what the lawyer does, what the probate court does. How is final settlement achieved? If a man's estate consists of $10,000 in savings and he leaves $7,500 to each of two sons, what happens? If a woman has a house and $10,000 and leaves the house to one of two daughters and $50,000 to the other, what happens? There's just a whole lot more to a will than is covered here. Jm546 17:40, 8 September 2007 (UTC)

Actually, perhaps the above considerations belong in the article on probate. But they are not covered there either.Jm546 17:45, 8 September 2007 (UTC)

Wills and life insurance

Someone has a life insurance policy on my life. He is the owner, he pays the premiums, he is also the beneficiary. I don't want him to be. He will not change the policy and list who I do wnnt as the beneficiary. If I write a will and say who I want to be the beneficiary of my life insurance, will this superceed the insurance policy? —Preceding unsigned comment added by 111gunnysak2 (talkcontribs) 23:17, 18 December 2008 (UTC)

Who can view a Will

Have a situation where an Uncle revoked current durable power of Attorney while the person is suffering from dimensia. He is a brother and the previous holder was a niece. Now as durable power of attorney thinks he has the right to see the will of the person he represents as dpoa. Does this not violate the rights of the testator? I think he wants to change the executor and thinks he has that right as holding of Durable power of Attorney(limited to financial matters only)

Joe4315 (talk) 23:12, 2 February 2009 (UTC)

Inappropriate link

The link to Rockwill seems totally inappropriate.

Need Help Correcting an Error

This is the first time that I ever tried to correct a Misplaced Pages article so rather than screw it up I thought that I would let a professional handle it.

In the Article it says "Though most people are aware that they need a will, as many as 66% of Americans, according to Consumer Reports, don't have one." The correct number should be 56% and not 66%. This number is derived from a Consumer Reports Article located at http://www.consumerreports.org/cro/babies-kids/baby-toddler/money-tips-for-new-parents-10-07/your-will-a-how-to-for-new-parents/your-will-a-how-to-for-new-parents.htm?view=Print where it is stated that "Just about everybody needs a will, but only 44 percent of Americans have one, according to a recent survey." If 44% have a will then 56% don't have a will. It can't be 66% not having a will because that would add up to 110% (44%+66%=110%).

Brglassman (talk) 18:02, 6 July 2009 (UTC)

Classification of "Heir"

The text states that a testator must clearly define an heir in their will; however, an heir is a creation of intestate administration. A person entitled to property in an intestate administration (where there was no will by the decedent) is an heir. During their lifetime, the person is an heir apparent, and only after the decedent's death are they classified as an heir.

The proper term for the individual who should be clearly defined in a will is a devisee. —Preceding unsigned comment added by 66.192.20.162 (talk) 02:05, 2 December 2009 (UTC)

Louisiana

The article says "except in Louisiana, where a minimum share is guaranteed to surviving children." This is obsolete. Since 1989 only minor (under age 23) and disabled children are subject to (beneficiaries of) "forced heirship" in Louisiana today. See: Spaht, Katherine Shaw, Kathryn Venturatos Lorio, Cynthia Picou, Cynthia Samuel & Frederick W. Swain, Jr., "The New Forced Heirship Legislation: A Regrettable 'Revolution' ", 50 La. L. Rev., 1990, pp. 409-99. Andygx (talk) 07:52, 2 June 2010 (UTC)

Copyright violation?

Based on the way it is written, and the lack of citations, I believe there is a good chance that this article was copied directly from another source and may be a copyright violation. Can anyone confirm that?

Tad Lincoln (talk) 08:42, 27 November 2010 (UTC)

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