Trying To Find Free Living Will (Help Needed!)

Discussion in 'The Lounge' started by ANHEDONIC, Oct 22, 2007.

  1. ANHEDONIC

    ANHEDONIC Will Title For Food

    Hello all... Hope everyone is doing well... Been a long time since I've visited the site....

    I'm only 25 but I'm trying to find a free living will on the internet... In these times of uncertainty, I'd like to ensure that my belongings and my savings are distributed according to my wishes in the event that something happens to me... I've heard people refer to Simple Wills and I'm trying to find a free online one...

    If I should pay for one, I'd like to find an inexpensive but trustworthy site to purchase one...

    Thanks for your help.
     
  2. solaris89

    solaris89 First Sergeant

  3. legalsuit

    legalsuit Legal Eagle

    Hi ANHEDONIC

    You are enquiring about two different things here:
    1. "Free living will" (here it refers to a "Power of Attorney", "Enduring Power of Attorney and Guardianship". You need to really know who you can trust as an appointed POA. A POA document can specify a condition when this comes into effect (eg when you are incapacitated to a point that you need someone else to speak/act on your behalf), or a specific period (eg if going away and wish someone to look after your affairs) or "other" (eg whatever condition you wish to enforce a POA).

      I noted this website which you may wish to peruse:
      http://www.doyourownwill.com/flw.asp

    2. Simple will (this is a testamentary where you nominate an executor and beneficiaries)

    In either instance, rather than just going onto a website, I strongly suggest you contact your local "Law Society" for qualified advice re a website as well as a list of lawyers who specialise in Wills within your area or location close to you. Beneficiaries have often lost out with these "self made Wills" and/or lawyers get involved (then these legal fees are extracted from testator's estate) when such Wills have been contested.

    Good to see you are considering doing a Will. I did my own at 25yrs also. Just don't forget that you need to review your Will and update it accordingly if/when circumstances change. Also, consider leaving original with your lawyer for safety, (unless you have a super burglar/fire proof safe).

    As a suggestion, make your own "manual" listing your personal items/assets etc, then listing instructions and who you wish as beneficiaries of those items. This "manual" can be referred to and attached to a Will with your wishes that your executor(s) refer to that list. This "manual" should also be reviewed and updated when/if circumstances change.

    Hope that helps.

    Cheers

    LS
     
  4. ANHEDONIC

    ANHEDONIC Will Title For Food

    Thanks for the responses...

    Basically... If I'm incapacitated I want the plug pulled and I just want to designate who gets my valuables... I really don't want to speak with a lawyer... If there was just some form I could buy/download that I could free-hand write on, and then get notarized, that would work for me....
     
  5. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    I think if you contact a local hospital they have packets what they refer to as directives, check with them i believe it's free.
     
  6. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

  7. legalsuit

    legalsuit Legal Eagle

    Godd you could help out Darlene.

    The document on your link is kinda similar to what we term "Enduring Power of Attorney and Legal Guardianship". However in Australia, such a document is only in force during the life of the requestor. That is, once the person dies, the power given by such a document "dies" also. It is then necessary to have a Will in place for dealing with the deceased's estate.

    Would the above apply according to the laws in your part of the world? (Not familiar with your laws.).

    @ANHEDONIC, not sure of the law where you are, but do at least check if you still need to have a "Will" in place as well to ensure your wishes re your assets/estate are carried out.:)

    Cheers

    LS
     
  8. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    I don't know LS, every time I go to the hospital (which was annually) along with my insurance info that is the next main question they always ask. I always try to ignore it (I know -I know) and have been told they have packets there if I want one. So far I have been an ostrich but after telling my family my wishes (DNR) they have all replied, "well, we'll see". Better make one out looks like. What the hell going to stuff me too!:confused:(rolleyes
     
  9. legalsuit

    legalsuit Legal Eagle

    Again, I'm not familiar with your legal system/laws...just reading your link document, it only appeared to provide authority during requestor's life giving authority for a "legal guardian" regarding wishes for medical situation.

    It didn't appear to indicate upon death what power there is for the delegated person(s).

    Imo, I don't believe that packet provides financial authority or power to distribute assets as a Power of Attorney or nominating an executor to deal with deceased's assets for distribution to beneficiaries (which is a Will function). Again, it was a quick glance and only my impression.

    I look upon a Will objectively. I know who I do and don't want to be beneficiaries, so it was a selfish act on my part to have one...otherwise I probably would come back to haunt those undeserving sods and make life miserable for them if they got stuff not intended for themLOL
     
  10. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    Your right, it does only cover health, life, death issues.
    Hate to be the pessimist again but every time I read something about a will it's being contested, kinda whats the use :confused
     
  11. legalsuit

    legalsuit Legal Eagle

    Those who have a some legal standing can be in a position to contest, but it doesn't mean they are automatically entitled. Also, if Will not properly worded, then again, it can cause problems.

    Contested Will can be due to different reasons (and please note, am applying our law):

    e.g. Person living with new partner didn't change Will, so #1 wife puts in a claim.

    e.g. de facto leaves and ex-partner hadn't changed Will, so de facto in position to contest (if lived with partner for specified legal period)

    e.g.Two out of three children contest Will...here consideration given to situation such as 3rd child was made sole beneficiary, cared for and contributed financially to support parent/house, so stronger legal standing.

    e.g.grandchild contests...consideration given if grandchild lived, was supported by and dependent on grandparents.

    These are only examples.
     
  12. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    Sounds right I believe same as here.

    Recently a friend told me about her being the beneficiary of a business. She did all the book work, bid jobs, did jobs was in fact more of a partner. Her boss had a will giving it to her. He had an ex-wife no interest in the business was in fact remarried.
    He did not show up for work which was unusual so my friend went to his home to check on him. She found him in his car in a closed garage. didn't look long before calling 911. Apparently he got drunk over the week end and had anger toward his ex, so before he went he scribbled a hate note to her, telling her to get f---- and take everything else he had. Guess what, LAST will. She got it.
     
  13. legalsuit

    legalsuit Legal Eagle

    Here, his last note would have been taken into consideration and given wife a legal standing, because technically, it revoked his previous Will.

    If there wasn't anything in writing for your friend as evidence of her being a partner (eg a contract), then that would explain why she totally lost out - she had no legal standing.

    <I've over simplified it here to give you a rough idea of our laws without going into detail.>
     
  14. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    There was a will, she went to court as did his family also trying to keep the ex from getting it. They considered it to be his last will excluding all others. Maybe it's this damn town, I could tell you , maybe later.:(
     
  15. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    Sorry ANHEDONIC, did you ever find what you needed?
     
  16. legalsuit

    legalsuit Legal Eagle

    Unfamiliar with your Succession laws...sounds like a wife has a pretty strong legal standing over there...even if last wife.

    Feel for your friend though given the situation.
     
  17. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    Did I mention she was remarried? You would think drunkenness would fall under not of sound mind, HUH?
     
  18. legalsuit

    legalsuit Legal Eagle

    Yes you did. (Though I do not think her drunkenness would be taken into consideration - or if you meant his drunken state at time of writing the note(?)). Not sure with your laws if that would be considered. Here his state of mind at time of writing note would be taken into account, but it could also be argued whether he was drunk before or after writing his note - no witnesses. Then it would fall down upon the actual technical legalities when making a decision.

    Find your laws intriguing. Usually a new Will contains a clause to revoke all previous Wills. At least that clause should be included…if not, then previous Will still stands, which only complicates things further and it is then left up to judgment.

    Without knowing all the details and your legal system/laws, I can only guess at it being either the wording in the Will and/or your legal system.
     
  19. kidkat

    kidkat Private E-2

    Here we can get them at a local hospital

    I would love to have this be a legal and binding one without all the words you don't understand..Just short, simple and to the point..


    I, _________________________ (fill in the blank), being of sound mind and body,do not wish to be kept alive indefinitely by artificial means. Under no circumstances should my fate be put in the hands of peckerheaded, ethically challenged politicians who couldn't pass ninth-grade biology if their lives depended on it.

    If a reasonable amount of time passes and I fail to sit up and ask for a cold beer,it should be presumed that I won't ever get better. When such a determination is reached,I hereby instruct my sibling, spouse, children and/or attending physicians to pull the plug, reel in the tubes and call it a day.

    Under no circumstances shall the hypocritical members of the Legislature (State or Federal) enact a special law to keep me on life-support machinery. It is my wish that these boneheads mind their own d*mn business,and pay attention instead to the health, education and future of the millions of Americans who aren't in a permanent coma.

    Under no circumstances shall any politicians butt into this
    case.I don't care how many fundamentalist votes they're trying
    to scrounge for their run for the presidency. It is my wish that they play politics with someone else's life and leave me alone to die in peace. I couldn't care less if a hundred religious zealots send e-mails to legislators in which they pretend to care about me.I don't know these people,and I certainly haven't authorized them to preach and crusade on my behalf.

    If any of my family goes against my wishes and turns my case into a political cause, I hereby promise to come back from the grave and haunt his or her *** for the rest of their natural lives.
    _____________________ __________________
    Signature
    Witness Witness

    ------------------------------------ __________________
    Date__________ Date__________
     
  20. legalsuit

    legalsuit Legal Eagle

    roflmao
    I've seen "legalese" turned into "plain English", but this one takes the cake!:D

    Only problem with your wording is that there is a lot of analysis that goes into law, primarily with interpretations...so I can just see arguments occurring with some of your descriptions - eg "peckerheaded"roflmao

    As it stands, what you propose is not a Will, only a "medical authority."
     

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