Success of a Will?

Discussion in 'I Have a Question...' started by nolonger, Jan 13, 2011.

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  1. nolonger

    nolonger Well-Known Member

    This may be a bit of a weird question but it's in relation to the following up of ones Will once they die.

    If someone is to die by suicide, and was suspected to/was diagnosed with a mental illness such as depression etc, is their Will carried out to it's fullest extent? Or can it be 'cancelled out' or something because of the prevelance of mental illness, as they may have had irrational thoughts at the time?

    I can't remember the process of a Will, but sometime in the future I'll have to end up making one. Mainly just to inform the copious amounts of people I know over the internet and how to best go about 'breaking the news' to them. Last time I saw my parents Will, they had to have a couple of people sign it as 'witnesses'. I'm just wondering if relatives can stop any funds being given to persons they may have never met in real life(I'm talking about, if I assign my car to a friend I met over an online game, will that be able to go through)?

    Just curious, because if I end up accumilating a sum of money, my family may get the least of it.

    Thank you :)
  2. total eclipse

    total eclipse SF Friend Staff Alumni

    all excellent points to bring up with your lawyer okay make sure everything you want can be carried out and not interfered with by others I don't know but i think there is a process where family can argue the will content.
  3. warrabinda

    warrabinda Well-Known Member

    Unless you made the will under the influence of intoxicants or psychosis, or were mentally unable to understand exactly what you were doing say within the context of intellectual disability, there shouldn't be a problem.

    In terms of it being contested, if there are any reasons you would think it would be stipulate that you have predicted that. i.e. saying you are aware that it is unusual that you are giving x to a friend rather than family members but the reasons are a,b and c and you made the decision with clarity of mind. I think it can be contested if someone feels you were being manipulated/pressured. I'm not sure of the law where you live. As long as the document demonstrates your decisions were made with a clear head after consideration, and you had explored the areas of concern it should be ok. I don't think depression comes quite under the banner. it's irrational in its own way yes, but unless it's psychotic depression i think you're still judged to be legally able to recognise the reality of your decisions.

    there was some will where this billionaire woman left her niece the sum of $1 and I don't think it was contested - it obviously was a strong message!

    I think it's always best to be on the safe side and discuss this with your family so they understand, and then your lawyer will know it was discussed. for your sake, i hope this isn't a discussion that needs imminent attention.

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