What should I do with my will after I sign it?

After you die, your executor (the person you appointed in your will) is responsible for seeing that your wishes are carried out as directed by your will. So wherever you choose to keep your will, make sure your executor (and at least one other person you trust) knows where to find it.

Your executor's first task is to locate your will, and you can help by keeping the original in a fairly obvious place. Here are some suggestions.

• Store your will in an envelope on which you have typed your name and the word "Will."

• Place the envelope in a fireproof metal box, file cabinet or home safe. An alternative is to place the original in a safe deposit box*. But before doing that, learn the bank's policy about access to the box after your death. If, for instance, the safe deposit box is in your name alone, the box can probably be opened only by a person authorized by a court, and then only in the presence of a bank employee.

49

Comments:

safe deposit box - депозитарный ящик в банке

Find in the text English equivalents of the following phrases:

лишать наследства

законная доля (наследства)

потеря жилища

пропущенный, не упомянутый наследник

имущество, собственность

исполнитель завещания, душеприказчик

исполнить волю (умершего)

HEIR - подберите к английским клише соответствующие русские сочетания

conventional heir	наследник последней очереди
expectant heir	последний наследник (государство, наследующее выморочное имущество)
forced heir	несомненный наследник
heir at law	сонаследники
heir by adoption	лицо, ожидающее получения наследства
heir presumptive	предполагаемый наследник
indubitable heir	наследник по завещанию
joint heirs	наследник по закону
last heir	наследник по усыновлению
last-resort heir	наследник по договору, наследник, право которого основано на договоре с наследодателем
testamentary heir	наследника имеющий по закону гарантированную долю в наследстве, обязательный наследник

Say whether the following statements are TRUE, FALSE or INCOMPLETE. In case of FALSE or INCOMPLETE statements give the correct version.

1. Any relative can be disinherited.

2. A child not named in a will is disinherited.

3. Pretermitted heir statutes apply to children not mentioned in the will.

4. If a person has a new child after he has made his will, he needs to make a new will.

5. An executor is a person who knows where to find the will.

Answer the following questions:

1. How can one disinherit their relatives?

2. How are spouses protected from being disinherited?

3. Can a child be disinherited?

4. What are "pretermitted heir" statutes?

5. What does the overlooked child's share of inheritance depend on?

6. What does one have to do to disinherit his children?

7. Who is an executor?

50

Making your will legal - follow a few simple rules to make a binding will

The legal requirements for drafting a valid will aren't nearly as complicated as many

people fear. There are just a few simple rules; follow them and you'll leave a will that

you can rely on to make sure your wishes will be carried out.

Age

To make a will, you must either be:

• 18 years of age or older, or

• living in one of the few states that permit younger persons to make a will if they're married, in the military, or otherwise considered "emancipated."

Mental state

You must be of "sound mind" to make a valid will. It's not a rigorous requirement. The

standard interpretations require that you:

• know what a will is and that you're making one

• understand the relationship between yourself and those persons who you would normally provide for, such as a spouse or children

• understand what you own, and

• be able to decide how to distribute your property.

In reality, a person must be quite unbalanced before a court will rule that she lacked the capacity to make a valid will. For example, forgetfulness or even the inability to recognize friends doesn't, by itself, establish incapacity. Also, it's important to remember that in the vast majority of cases, there's no need to prove mental state to a court. It's presumed that the will writer was of sound mind, and the issue will never arise unless someone challenges this in a court proceeding—which is very rare. A will can also be declared invalid if a court determines that it was procured by "fraud" or "undue influence." This usually involves some evil-doer manipulating a person of unsound mind to leave all, or most, of his property to the manipulator. Will contests based on these grounds are also quite rare.

If you suspect someone might challenge your will on the basis of your mental competence or fraud, be sure to see a lawyer. For example, if you plan to leave the bulk of your property to someone you know is disliked and mistrusted by some close family members, work with a lawyer to minimize the possibility of a lawsuit, and maximize the chances your wishes will prevail if there is one.