Investigators found that Dummar had consulted a library copy of a book called The Hoax, which told the story of Clifford Irving`s falsification of an “autobiography” of Hughes. The book contained examples of Hughes` writing. Document examiners showed that Hughes` handwriting had changed before the Mormon will was supposed to be written. In addition, the examiners concluded that the will was a gross forgery. Yet it took a seven-month process and millions of dollars from the Hughes estate to prove that the will was a forgery. In the end, the court ruled that the will was a forgery. Several states have laws that relax the requirements for enforcing the wills of soldiers and sailors during active military service or at sea. In these situations, a testator`s oral or handwritten will may transfer personal property. When such wills are recognized, the statutes often stipulate that they are only valid for a certain period after the end of the testator`s service. In other cases, however, the will remains valid. Voluntary trust: You can establish trust by creating it through your will. This is called a testamentary trust. There is no legal requirement that a will be drawn up by a lawyer, and some people may refuse to hire a lawyer to make a will.
[11] With the help of a lawyer, people can write a will, use software[12] or formulate or draft their own wishes. Some lawyers offer training courses for people who want to draft their own will. [13] A will is valid if it meets the legal formalities that usually, but not always, require it to be attested. The advantage of having a will written by a lawyer comes from their knowledge of what the law requires. A holograph will, for example, which is usually not attested, is an act entirely written by the signatory, and it can be accepted as legally binding for the law to enforce its provisions, subject to the conclusions of anything that could invalidate it. A will may be considered void if, among other things, the testator was mentally incapable of disposing of his property; if the will imposes unreasonable or cruel claims as a condition of succession; or if the testator did not have clear ownership of the inherited property. Business partners often create “reciprocal wills,” which involve the transfer of business assets after a partner`s death. See also succession. A valid will can only exist if there are three essential elements.
First of all, there must be a competent testator. Second, the act purporting to be a will must satisfy the enforcement requirements of the laws, often referred to as the statute of wills, which are intended to ensure that the act is not fraud, but an honest expression of the testator`s intention. Third, it must be clear that the testator intended the document to produce the legal effect of a will. Jointly held property automatically grants the other party a right to survival. No matter what`s in the will, your share of the property passes directly to the surviving roommate after your death. It is not necessary to include common provisions for rental property in your will. Although it is hard to believe, some people try to leave illegal assets to heirs, including drugs, illegal gambling trophies, and illegally operated businesses. They may also attempt to impose illegal conditions on the heir in order to receive their distributed shares. If this happens, a will may become invalid and an estate judge will instead oversee the closure of your estate. Acknowledgement of receipt A testator is usually required to publish the will, that is, to declare to the witnesses that the document is his will.
This statement is called confirmation. However, no state requires witnesses to know the contents of the will. If a person does not leave a will or if the will is declared invalid, the person died without succession, resulting in the distribution of the estate in accordance with the parentage and distribution laws of the state in which the person resided. Because of the importance of a will, the law requires that it contain certain elements to be valid. Apart from these elements, a will can be declared void if the testator has drawn up the will due to undue influence, fraud or error.