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A will that is drafted by a lawyer should avoid possible technical mistakes that a layperson might make that could potentially invalidate part or all of a will. [15] While wills prepared by a lawyer may seem similar to each other, lawyers can customize the language of wills to meet the needs of specific clients. [16]
Before his election to the Superior Court in 2011, Wecht served in Allegheny County government, holding elected executive and judicial offices since 1998. Wecht served as Allegheny County's elected register of wills and clerk of orphans' court from 1998 to 2003, and then trial judge from February 2003 until January 2012, [6] [7] working extensively in the civil and family divisions.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
The Wills Act 1959 and the Wills Ordinance applies to non-Muslims only. [12] Section 2(2) of the Wills Act 1959 states that the Act does not apply to wills of persons professing the religion of Islam. [12] For Muslims, inheritance will be governed under Syariah Law where one would need to prepare Syariah compliant Islamic instruments for ...
The requirements for testamentary capacity are minimal. Some courts have held that a person who lacked the capacity to make a contract can nevertheless make a valid will. . While the wording of statutes or judicial rulings will vary from one jurisdiction to another, the test generally requires that the testator was aware
Mutual wills are rare, and often another form of constructive trust is imposed (See Healey v Browne [2002] 2 WTLR 849). It is also noted (see Carnwath J in Re Goodchild ibid ) that a mutual will is a technical legal device requiring an intention to form a binding agreement and that this often differs from the "loose moral obligation ...
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