Is it technically legal? Y o u r l a w y e r m u s t guide you through the precise procedures, which, if not followed to the letter, might allow your w ill to be success fully contested by a disgruntled heir- in-law. Here, however, are the major grounds on which wills are disputed. 1. Lack of testamentary capacity. You must be of age (21 in some states, 18 in others, and even younger in a couple) and mentally capable of knowing what you are doing. 2. Errors in execution. You must abide by the laws of the state in which you will legally reside at the time of your death and the state where any real property you devise is located. Some states require three witnesses, and others two. Better have three. Holographic wills are admitted in fewer than half the states. 3. Inclusion of bequests contrary to law. Be mighty careful if you wish to disinherit a husband or wife, for in stance. It is not legal in most places ex cept under certain conditions. You are not allowed to give more than a cer tain amount, usually half, of your es tate to charity if you have a living wife or children. There also are laws against perpetuities. 4. Exertion of undue influence, exer cise of fraud, or outright forgery. It must be clearly proved that the will represents a testator’s wishes and not those of a beneficiary. 5. Relocation of the will. If a new will is written or an old one delib erately tom or mutilated by the tes tator, the old one is usually no longer valid. The morals T o s u m u p , prevent trouble for your heirs in the future not only by having a will but by being especially careful of what it says. To safeguard the value of your last testament'— Go to a good lawyer; don’t try to write your own will. Tell him every thing you own and every legal heir you possess. Explain to him exactly why you are making the provisions you dictate. Be specific about names, addresses, relationships and descrip tions. Be sure you understand the will after it is written. Review your will often, particularly if your heirs change or you move to a different state. If major revisions are needed, have a new will drawn. Avoid complicated codicils. Keep it, sealed, in a safe place, and tell your executor where it is. With it keep affidavits that may overthrow claims or explain your actions, addi tional requests to executors, and other pertinent information. Finally, think hard and take your time—but start now.
an estate or even whole estates to pass down the line of lineal descent as if no will existed. Frequently no notice can be taken of the testator’s probable wishes. Other testators carefully select and name executors and trustees, but fail to name alternates. In such a case, if the executors are not able to serve, the next-of-kin rule applies, even though the top man knows as much about handling money as a Pekinese. Still others tell executors to operate their businesses but forget to provide means to make it possible. Is it too rigid or too broad? T estators w h o l e a v e trust funds for spendthrift relatives or for char ities are the ones most often guilty of giving trustees too broad or too narrow powers. A Pennsylvania woman, for in stance, gave her trustees such broad power that despite the fact that their management reduced a $600,000 estate to $10,293 in 21 years, the heirs could be given no relief by the courts. On the other hand, there are people ASSISTANCE . . . Field Representatives of the Biola ¡Stewardship Department, trained, in all phases of wills and estates* will be happy to call in your homej to help in the execution of a Chris tian will. Professional legal advice is obtained. Free booklets are ob tainable from The Bible Institute of Los Angeles, Inc., 558 South Hope Street, Los Angeles 17, Cal ifornia. who wish to keep control of their money forever. A Massachuetts man would prob ably change things if he were still around. He wanted his estate to go to his home for the aged women, and he tied things up so tight that the trustees sat on $30,550 for ten years because the town didn’t want it and the legal heirs weren’t entitled to it. At last report, the money was still untouched. Another form of too-tight control is the busybody habit of tying a string onto a gift. Such highhanded tactics were used by a mother whose will allowed her daughter money outright only if she divorced her husband or was widowed. Not long ago a Washington, D. C., Court held that terms of the will could not be upset. Remember that you will be better loved after yoUr death if you don’t try to use your money as a whip.
Does if 1 omit vital points? o n g r e s h a m , a Texas businessman, wrote this will on January 12, 1950: “This letter is written with the idea that some thing might happen to me, that I would be wiped out suddenly. If this should happen my business would be in awful shape; no relatives, nobody to do a thing so, this is written to try to have my affairs wound up in a reasonable way in case of my sudden death. Would like to have all of my affairs, cash all assets including any bank balance turned over to parties named below without any bond or any court action that can be avoided. “They are to wind up my affairs in any way they see fit.” “U. C. Boyles Refrigeration Supply Co. “ Charlie Hill Superior Ice Co. “ Should these gentlemen need a third man would suggest Walker, National Bank of Commerce. “ Each of these gentlemen to receive $500 for his services. I have tried to make my wishes plain. “ Of course these crooked lawyers would want a lot of whereas’ and wherefores included in this. “Not much in favor of the organ ized charities they are too cold blood ed also not much in any favor of any person over 21 — benefiting by my kick off unless there is a good reason am inclined to pay the children. “ They are not responsible for being here and can’t help themselves.” On February 7, 1950, Mr. Gresham added a note: “ Have let this letter get cold and read it again—to see if it seemed about right. “ Don’t see much wrong except no whereas’ and wherefores — excuse me.” “ Lon Gresham.” The Supreme Court of Texas, asked whether the letter was entitled to be probated as a will, decided that it was, indeed, a will. The puzzled admin istrators are left now to attempt to figure out their friend’s wishes. People leave out important posses sions as well as instructions. A new Jersey man carefully itemized house hold goods he wanted left to his daughter and personal effects he want ed his brother to have, but ignored a stamp collection valued at $54,135. The Supreme Court recently deter mined that neither the daughter nor the brother could have it. It became a part of the residue estate. Commonly, will writer’s forget that their heirs might not outlive them and fail to provide for that contingency, a failure that often causes sections of
AUGUST, 1962
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