5,109
edits
Difference between revisions of "LSLAP File Administration Policy for Wills and Estate (16:XIV)"
From Clicklaw Wikibooks
LSLAP File Administration Policy for Wills and Estate (16:XIV) (view source)
Revision as of 14:41, 13 August 2018
, 14:41, 13 August 2018no edit summary
Desy Wahyuni (talk | contribs) m |
|||
| Line 9: | Line 9: | ||
In addition to simple wills for individuals, LSLAP is only able to prepare “mirror wills” for clients, not “mutual wills”. A mirror will is designed for couples with similar wishes. The wills of the couple “mirror” each other: each leaves the same gifts to the other and each names the other as Executor. | In addition to simple wills for individuals, LSLAP is only able to prepare “mirror wills” for clients, not “mutual wills”. A mirror will is designed for couples with similar wishes. The wills of the couple “mirror” each other: each leaves the same gifts to the other and each names the other as Executor. | ||
By contrast, a mutual will includes a statement that the | By contrast, a mutual will includes a statement that the will-maker agrees not to change or revoke his or her will without the consent of another party (usually spouse). This agreement will bind the will-maker even if the other party predeceases the will-maker. Thus, a mutual will has a contractual component, creating a constructive trust. However, a will-maker can always change his or her last will and testament. If a will-maker changes his last will and testament after the other party has died, the will -maker may create a right of action for beneficiaries under the trust for breach of the trust. | ||
Note that signing mutual wills is not a widespread practice. If a client is seeking LSLAP’s assistance in preparing a mutual will, the client must be directed to a qualified practitioner. It can be suggested that the client discuss with a qualified practitioner the possibility of creating an inter vivos trust instead of preparing a mutual will. | Note that signing mutual wills is not a widespread practice. If a client is seeking LSLAP’s assistance in preparing a mutual will, the client must be directed to a qualified practitioner. It can be suggested that the client discuss with a qualified practitioner the possibility of creating an inter vivos trust instead of preparing a mutual will. | ||
| Line 18: | Line 18: | ||
Because the law on wills is strictly applied, precedents should be used to provide certainty. Any lack of clarity may defeat the intention of the will-maker, who will not, of course, be available to clarify contentious points. Also, students should not take instructions from a person on behalf of someone else; they can prepare a will only for the client. The final will must then be reviewed with the client to ensure that it reflects his or her wishes and that he or she understands what the document means (see Section III.E: Executing and Attesting the Will). | Because the law on wills is strictly applied, precedents should be used to provide certainty. Any lack of clarity may defeat the intention of the will-maker, who will not, of course, be available to clarify contentious points. Also, students should not take instructions from a person on behalf of someone else; they can prepare a will only for the client. The final will must then be reviewed with the client to ensure that it reflects his or her wishes and that he or she understands what the document means (see Section III.E: Executing and Attesting the Will). | ||
Important changes to wills and estates law due to WESA have been highlighted in this chapter. However, students should refer clients to private lawyers if they are unsure how certain WESA provisions should be interpreted. | Important changes to wills and estates law due to ''WESA'' have been highlighted in this chapter. However, students should refer clients to private lawyers if they are unsure how certain WESA provisions should be interpreted. | ||
Finally, LSLAP will not draft a will that eliminates potential beneficiaries. In other words, LSLAP is unable to help with | Finally, LSLAP will not draft a will that eliminates potential beneficiaries. In other words, LSLAP is unable to help with clients wishing to eliminate spouses and children. Clients wishing to disinherit potential beneficiaries should be referred to a private lawyer. | ||
*'''NOTE''': Before drafting a will for a First Nations person, please consult with the supervising lawyers. The client should most likely have to be referred to an outside lawyer. There are many complexities with First Nations wills, and LSLAP will likely not be able to assist. | *'''NOTE''': Before drafting a will for a First Nations person, please consult with the supervising lawyers. The client should most likely have to be referred to an outside lawyer. There are many complexities with First Nations wills, and LSLAP will likely not be able to assist. | ||
