Thursday, July 09, 2009
REGISTERING A WILL
I do not understand why there is always a question about whether the latest will has been or will be found.
The trouble is that all disputes about the existence of the latest will now take place without the possibility of evidence from the person most likely to know the correct answer. A false "will" can come from anywhere and a real will can be lost or suppressed.
Wouldn't it save a lot of trouble, and prevent many errors, if there were a system providing basic evidence for the existence of the latest will? There is a system for registering copyrights! There is a system for drivers licenses. There is a system for passports.
There should be a national registration for wills. They should be entered at some local courthouse with (to the extent possible) the creator of the will, a lawyer, and a witness, together with photographic, biometric and other identification, and a simple sworn statement.
Taking the existence of the latest registered will as primary evidence for the intention of the writer of the will would make errors and fraud less likely and more difficult.