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>"Once dead, the estate belongs to others, one's intent no longer incurs any obligation for others to adhere to." Then why are wills permitted and enforced? I

by nickff 5y ago

>"Once dead, the estate belongs to others, one's intent no longer incurs any obligation for others to adhere to." Then why are wills permitted and enforced? I'd agree that the only way to guarantee something is not published is to destroy it. One need look no further than the Barnes Foundation to see that executors can go astray; but that doesn't make it right. https://en.wikipedia.org/wiki/Barnes_Foundation https://en.wikipedia.org/wiki/Barnes_Foundation

sbierwagen 5y ago
>Then why are wills permitted and enforced? Wills are for the living, not the dead. It is a coordination mechanism to reduce conflict between heirs. It obviously doesn't function perfectly, but otherwise every death would result in legal battles, or, as has been the case for most of recorded history, physical violence. Also note there are significant legal restrictions on wills: https://en.wikipedia.org/wiki/Rule_against_perpetuities https://en.wikipedia.org/wiki/Rule_against_perpetuities
WalterBright 5y ago
> Then why are wills permitted and enforced? Wills distribute the estate. Once it's distributed, the new owners can do what they want with it. > Barnes Foundation "to be honored in perpetuity after his death" Such things should not be legally binding. What can justify a person controlling their estate a year after death, a century, a millennium? It's absurd.
- thaumasiotes 5y ago
  > "to be honored in perpetuity after his death" > Such things should not be legally binding. They aren't. They never have been, and they never will be, since it's impossible to enforce something forever. But see also https://en.wikipedia.org/wiki/Rule_against_perpetuities https://en.wikipedia.org/wiki/Rule_against_perpetuities .
  - Wildgoose 5y ago
    As an interesting tangent, England and Portugal have a permanent Treaty, (inherited by the UK), and which is still in force 700 years later.

by nickff 5y ago

sbierwagen 5y ago

>Then why are wills permitted and enforced? Wills are for the living, not the dead. It is a coordination mechanism to reduce conflict between heirs. It obviously doesn't function perfectly, but otherwise every death would result in legal battles, or, as has been the case for most of recorded history, physical violence. Also note there are significant legal restrictions on wills: https://en.wikipedia.org/wiki/Rule_against_perpetuities https://en.wikipedia.org/wiki/Rule_against_perpetuities

WalterBright 5y ago

> Then why are wills permitted and enforced? Wills distribute the estate. Once it's distributed, the new owners can do what they want with it. > Barnes Foundation "to be honored in perpetuity after his death" Such things should not be legally binding. What can justify a person controlling their estate a year after death, a century, a millennium? It's absurd.

thaumasiotes 5y ago
> "to be honored in perpetuity after his death" > Such things should not be legally binding. They aren't. They never have been, and they never will be, since it's impossible to enforce something forever. But see also https://en.wikipedia.org/wiki/Rule_against_perpetuities https://en.wikipedia.org/wiki/Rule_against_perpetuities .
- Wildgoose 5y ago
  As an interesting tangent, England and Portugal have a permanent Treaty, (inherited by the UK), and which is still in force 700 years later.