Deceased Estate – Last Will and Testament

[morag-janet-of-the-hill-family]

If you complete a will kit competently (you and the witness/es need to initial any changes made at the time of signing. If you have any changes made without this then the will is invalidated) with witness/es then that is valid in any court. You can use a JP or a Lawyer to witness the document so it can be presented and recognised in court (if need be). You can name anyone you choose to inherit whether they are in the private or not. If all your possessions are in a trust then it gets automatically handed on to the parties named as beneficiaries and those beneficiaries can continue with the trust or collapse it and sell the assets as they see fit. The only possessions you would need to put into a will would be those outside the trust. Once your possessions are in a trust they no longer belong to you , although you can have full control over them according to the terms of the trust (until the day you die if you wish) but you are holding and maintaining the assets for another party (beneficiaries) who will get the benefit from them when you choose to give it (It may not be until the day you die). A trust ensures that because these assets are no longer yours then they cannot be taken in liue of any debt you owe unless you use the trust as collateral.

[redchair]

Thanks, does Mark have a template?

[morag-janet-of-the-hill-family]

You should be able to purchase a will kit in the public domain. I purchased one a few years ago and filled it out. A Lawyer witnessed it for me as I had gone to a JP to get it witnessed and she just happened to be there dealing with a matter for the JP. She offered to help me with it and gave me the pointers I mentioned above. She said the will kits can fail in court when people make changes to them in an incorrect manner. So she witnessed all of the small changes I had made as well to ensure it was competently completed.

[redchair]

Thank you. What about using the legal fiction name? Do we need a will with the legal fiction (All caps) and without?

[morag-janet-of-the-hill-family]

From what I have learnt whenever we are using paperwork we are acting as an agent for the entity on paper and it is no big deal. I have also learnt that everything we ‘own’ is in the name of the entity and left to the name of the entity of our offspring. The dead/paperwork cannot see the living/substance therefore we act as an agent of that paper entity. We separate the living from the dead with the all rights reserved signature and with affidavits as only the living can complete these two actions. The closest you can get to operating as a living being with other living beings is in the private through unregistered Trusts and businesses. Sometimes out of necessity we need to act as an agent for registered entities of our own to enable us to do commerce with other registered entities in the public but we learn how to do this in ways that ensure we are operating under fair and equitable contracts and also we know how protect our rights as living men and women alongside the contracts through using the correct paperwork to do so. So the closest we have to a living man’s will would probably be an unregistered trust.

[redchair]

Thanks, I need to ponder this! 🙂