Deck 12: Arbitration, Mediation, and Settlement

Question 1

Discuss whether you believe mutual wills are useful in preventing fraud.

Answer 1

Mutual will or joint will is a contract between two or more people to pool their estates or property, and the manner in which to dispose of the properties. Mutual will can be revoked during the lifetime of a testator. However, the will becomes irrevocable after the death of the first testator. The will prevents surviving testator to dispose of the estate in any way other than the agreed contractual terms.
Doctrine of mutual will has its root in both: the testamentary , and contractual obligations. The will is created for the benefit of the survivor. Mutual will is unique because the contract between the parties gives rise to trust. The underlying principle in mutual will is the prevention of fraud. Doctrines of proprietary estoppel , constructive trust , common intention are the basic characteristics of the mutual will. Therefore, mutual wills are useful in preventing fraud.

Question 2

What are the advantages of videotaping an oral will?

Answer 2

Will is a legal document that contains the details and manner in which the bequeathal of the personal property of the testator to the beneficiaries is going to be effective. The will needs to be in writing and in the presence of the two witnesses. However, an oral will can also be made by the testator. An oral will is also known as a nuncupative or deathbed will.
The concerning statutes of states will decide the legality of an oral will. Only a few states in the United States allow oral wills under certain conditions. A written will is always preferred. Videotaping of will is a new concept, the law is silent on the legality of videotaping of will. However, it is a good idea to videotape a will. The benefit of videotaping an oral will are as follows:
1. Evidence - States that require written will may not accept videos. However, videotaping of a will can become an evidence in a contest trial.
2. Supplement to a written will - Video of a will become a supplement to a written will and hence, is sometimes necessary to validate the will.
3. Capacity of the testator - A will can only be made by a person of a sound mind. Videotaping an oral will would clarify any doubts regarding the capacity of a testator.

Question 3

Locating heirs and beneficiaries is a common task for paralegals. Identify at least three sources on the internet that will assist you in your search. Have a look at this website: www.heirsearch.com Three sources to locate heirs are:

Answer 3

1.www.nationwidelocate.com
2.www.gofso.com
3.www.welocateheirs.com.

Question 4

Explain the purposes of probating an estate rather than allowing family members to divide the deceased assets on their own.

Question 5

Given the fact that do-it- yourself will packets are readily available for purchase in many bookstores, do you think that paralegals should be able to draft wills for clients without supervision.