Help Is my will going to be upheld?

[kirillbledny]

This is more of a technical, but if I write in my note that I want to be cremated or who I want my money to go to, will it be voided because I will be retrospectively declared unstable/insane at the time of death since I ctb? Can my family just ignore my wishes and do what they want, legally speaking?

I want my ashes to be spread somewhere in nature or in a river, but my family usually keeps urns of dead relatives at home.

 

[Forveleth]

This depends on what the law is like in your country or region. Where I live, any legally binding will has to be drawn up by a lawyer and signed by a witness, but there are places where, as long as the note is handwritten and signed by you, it can be treated as a legal document. So you need to check your local laws.

 

[pepperfarmer]

It depends on where you live.

What you're probably thinking of is what's called a holographic will, which is a will that is entirely handwritten and signed by the testator, which in this case would be you. It's entirely valid and legally binding across various jurisdictions, but not all of them, so you have to check your national and/or local/state laws. If your jurisdiction doesn't allow it, you'll need to create a normal will with a notary and witnesses. Some places allow holographic wills but will still require you to have witnesses regardless.

Another problem could be testamentary capacity, which is basically whether you're intellectually capable of making a will at the time it's written up.

If you consider it important for your will to be followed, and are afraid your family won't follow it, your best bet is talking to a lawyer to set it up. It'll cost you money, but it's the only way to be sure.

 

[kirillbledny]

It depends on where you live.

What you're probably thinking of is what's called a holographic will, which is a will that is entirely handwritten and signed by the testator, which in this case would be you. It's entirely valid and legally binding across various jurisdictions, but not all of them, so you have to check your national and/or local/state laws. If your jurisdiction doesn't allow it, you'll need to create a normal will with a notary and witnesses. Some places allow holographic wills but will still require you to have witnesses regardless.

Another problem could be testamentary capacity, which is basically whether you're intellectually capable of making a will at the time it's written up.

If you consider it important for your will to be followed, and are afraid your family won't follow it, your best bet is talking to a lawyer to set it up. It'll cost you money, but it's the only way to be sure.

Okay, thanks. I looked into it and my country does allow holographic wills without witnesses, so I think I should be fine, I'll just have to write a few more notes. The only one I have so far is for the cops/investigators stating I'm doing it of my own will and no one forced me to, the timeline, what I took etc., handwritten. I really wish all this shit wasn't so complicated but I wanna make it as easy as possible, and just have my wishes respected for once in my life.