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Law Studies: Disposition after the Death - Assignment Example

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The author of the "Law Studies: Disposition after the Death" paper analyzes the case of Abelard who wishes to make the dispositions after his death. The author explains how he can best achieve the objectives, and what problems he may encounter in trying to do so. …
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Law Studies: Disposition after the Death
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Download file to see previous pages One of the first things that Abelard needs to do is to make sure his wishes are expressed in his will. He may also want to name a close and trustworthy friend to be the executor of his will such that that individual may interview the children of Abelard at the time of his death in order to make a subjective judgment as to whether the children are in fact followers of the Christian faith or if they are only claiming to be. In the event that the children have deceased, then Abelard’s furniture is to go to a museum that may also be executed by Abelard’s chosen executor. In addition to naming the executor, it is critical that Abelard ensure that communication regarding his exact intentions is in detail, within the will and trust. In other words, he may want to indicate which child receives which portion of the furniture as well as what his conditions are for their practicing of Christianity. The criteria for Abelard’s idea of ‘practicing’ Christianity’ needs to be clearly defined such that the executor is clear on how to decide whether or not the children are in fact meeting the criteria for receipt of the furniture or not.

It would be wise for Abelard to select a legatee in whom he trusts, to decide at the time of Abelard’s death, whether the children are in fact, following the Christian faith according to how that individual feels that Abelard would have desired. This is completely subjective and depends on both how well the chosen Legatee knew Abelard and how that chosen Legatee interprets the lifestyles of the children who are to be the beneficiaries. It is also important here that the legatee accepts full responsibility for the execution of the Testator’s last wishes either by implied means or otherwise. In the event that the wishes are dictated in a sealed letter to be opened at the time of death, the acceptance of this letter is in fact implied acceptance.  ...Download file to see next pagesRead More
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