Example of a Will Call
An example of a will call is when someone wants to make a bequest to someone. Imagine a woman who has a large estate and wants to make sure her siblings’ children receive some of the money. She wanted to make sure that Stephanie and Jenna had the funds they needed.
No-contest clause in a will
A no-contest clause in a will can help prevent inheritance disputes. These disputes are often the result of beneficiaries challenging a testator’s will. This can happen when the testator was unduly influenced or lacked the mental capacity to write a will. A no-contest clause, which is also known as an “in terrorem” clause, discourages beneficiaries from challenging the will.
The no-contest clause is not enforceable in every jurisdiction. For example, in Florida, no-contest clauses can’t be enforced. In these jurisdictions, a person who challenges a will must have “probable cause” for the challenge. This may include evidence that the person was under duress or forgery.
Personal property in a will
When a person dies, their personal property goes through probate. This includes money, real estate, vehicles, and jewelry. Personal property can be in different categories and can be designated in a will in different ways. Some types of personal property do not pass through probate, such as joint bank accounts. Another type of personal property is firearms, which must go through the probate process.
Tangible personal property is anything that a person can touch, such as jewelry, clothing, and artwork. These items are typically important and sentimental, but many people fail to specify what they want to happen to them after they die. This can lead to family feuds and hurt feelings.
Personal representative in a will
A personal representative in a will is someone who will collect the estate and pay off creditors after the decedent dies. This person will also handle all the final affairs, including the transfer of remaining property. This person may be a family member, friend, professional advisor, or organization. They should be trustworthy, able to handle finances, and have excellent communication and organizational skills.
The personal representative will also need to identify the assets in the estate. This includes making sure they are protected from theft and damage. This means that they may need to secure the decedent’s primary residence and stop family members from taking items out of it.
No-bond clause in a will
Despite the common misconception, most wills don’t require an executor to post a bond. A bond is a form of insurance that protects the estate from being squandered or stolen. Not requiring a bond saves the estate money. If the decedent did not leave a bond, the executor may not be able to collect on the estate.
A no-bond clause can also protect the estate from a lawsuit or other legal proceedings. Although it is rare, the goal of this clause is to ensure that the property will pass according to the deceased’s wishes. For example, if the will-maker died at the same time as his spouse, the property should pass to the alternate beneficiary.
Undue influence clause in a will
When a person attempts to manipulate another person’s wishes to influence the creation of a will, it is known as undue influence. This type of coercion can leave the will invalid or void as an untrue reflection of the testator’s wishes. People who are suspected of undue influence may be able to contest the will if they have a reasonable suspicion that the person was influenced.
To contest a will, the contestant must prove that the person was influenced by a third party who lacked capacity to make an informed decision. The proof must be convincing. Since undue influence doesn’t usually occur in front of witnesses, it must be established through circumstantial evidence.
Testator’s presence at a will call
If you are a testator, you must be present at a will call in order for the will to have legal effect. You must also have at least two witnesses to witness your signature. Witnesses may not know the contents of your will, but they must sign in your presence to attest to the authenticity of your signature. If you are unable to appear in person at the will call, a conservator can make a will for you under the Probate Code.
The signature requirement is a significant hurdle to meeting. While the signature requirement traditionally required that both witnesses be physically present with the testator, this requirement has evolved to meet a more flexible definition of presence. In some circumstances, witnesses may be several feet apart in a single room and be within clear sight of the testator. In such circumstances, some testators may be comfortable requesting neighbors or building staff to serve as witnesses. However, these individuals may have to be supervised by an attorney.