#documents signed by minors are not legally binding

[justinspoliticalcorner]

Alyssa Tirrell at MMFA:

Dr. Eithan Haim, a former medical resident at Texas Children's Hospital, was indicted in May for allegedly illegally accessing trans patients’ records, which he subsequently shared with Manhattan Institute senior fellow Chris Rufo.  Right-wing media figures have since defended Haim and brought him in for interviews, often equating the care allegedly provided at Texas Children's Hospital — such as the prescription of "puberty blockers" — with harm or mutilation and alleging that Haim is the target of political persecution.  The campaign has successfully raised both Haim's profile and at least $888,865, which he claims will be used for both his legal defense and “offensive legal action against those who have abused their professional responsibility in service of radical transgender ideology.” 

Haim allegedly illegally accessed trans patients’ records

On February 18, 2022, Texas Attorney General Ken Paxton issued an opinion that qualified youth gender-affirming care as "child abuse", prompting Texas Children's Hospital to announce that it would stop proving such care. Although the opinion was not legally binding, the hospital released a statement announcing that it would stop prescribing gender-affirming hormone therapies. The statement, which also alluded to recent measures that Gov. Greg Abbott had taken against families of children receiving gender-affirming care, added that “this step was taken to safeguard our healthcare professionals and impacted families from potential legal ramifications.” [Office of the Attorney General of Texas, 2/18/22; American Civil Liberties Union, 2/23/22; The Washington Post, 3/8/22]

In late spring 2023, Dr. Eithan Haim allegedly accessed the records of trans patients at Texas Children's Hospital and shared them with Manhattan Institute senior fellow Chris Rufo. Haim, a resident at Baylor College of Medicine who had previously conducted rotations at Texas Children's Hospital, shared redacted files with Rufo that allegedly demonstrated that the hospital was continuing to provide gender-affirming services to minors. [Houston Public Media, 6/10/24; U.S. Attorney's Office, Southern District of Texas, 6/17/24; United States District Court of the Southern District of Texas, 5/29/24]

On June 2, 2023, a Texas bill restricting gender-affirming care for children was signed into law. S.B. 14 prohibited “the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria” as well as “the use of public money or public assistance to provide those procedures and treatments.” The law went into effect on September 1 of that year. [Texas legislature, 6/2/23]

[...]

Right-wing media figures platformed Haim in solo interviews, where he defended himself 

Since January 2024, with the revelation of his identity, Eithan Haim has appeared as a guest alongside many prominent right-wing media figures. In these interviews Haim neither claimed to have worked directly with trans patients nor disputed sharing the documents with Chris Rufo. Instead, Haim often alleged that he was being unfairly targeted and defended his case on the grounds that the care allegedly provided at Texas Children's Hospital was harmful to pediatric patients. 

Right-wing media defend Dr. Eithan Haim’s HIPAA-violating ways of illegally accessing trans patients’ records while at Texas Children’s Hospital in which he shared those records with far-right anti-LGBTQ+ agitator Christopher Rufo.

[sgiandubh]

With friends like this...

I usually wouldn't pay attention to what a very contrived, very minor troll player writes.

But this, this made me immediately howl. Legit:

Answering an Anon she probably wrote herself (not that it matters), this person summons the Gods of Critical Thinking. In doing so, she manages some stupendous gobbledygook.

I understand C's resounding silence forces you to pretzel your three collective neurons until there is no tomorrow. However, policing the fandom is no easy task, plus I am sure that you are not on a retainer (unlike others) and/or whatsoever qualified to act as Her Taciturn Majesty's spokeswoman.

Face it: she doesn't need you and, based on what we know, she is perfectly able to speak for herself. That's harsh, I know - but real.

Let me see if I understood correctly, madam. You basically say this, in plain English:

If the Queen of Kale doesn't post, that doesn't mean she can't thank people in person or by private email 'and/or via handwritten note'.

Excuse me, what? 'Handwritten note'? Where the fuck are we, the Kingdom of Syldavia?

🤣🤣🤣

Hey, BIF, let me guess: Tish Baldridge and 1962 called and you, being bored and home alone, picked up the phone, right?

Right?

Undeterred, you add: 'maybe she shared with her sponsors and hosts the reason for this choice ' (remember, LOL: being unexplainably, ahem, forgetful) and 'they understand'.

Lady, this is PR 101: if you promote something I graciously entrusted you with, I want the bang for my buck. This is not a 'the dog ate my homework' kind of situation, here. This is quid pro quo, as far as sponsors and sponsoring go.

Remember (LOL) : sponsors are not your ('understanding') friends. Sponsors are people with whom you did sign a contract, a legally binding document that spells out your mutual rights and obligations. Such as, for example, to post something on your socials every time you appear at an event hosted by the designer/creator, you name it.

And this is precisely how I knew no such thing happened, at the London Fashion Week. She was under no legal obligation to post anything. Sure, it would have been nice and polite towards those kind people inviting. But that's not the point, here and this is exactly why you went berserk. The point is it would have been normal interaction with this fandom and excuse me, but it's her prerogative not to do so. I don't remember having signed any legal document together, Mrs. B and I. She doesn't owe me anything. The only thing she owes herself, in this situation, is to make sure her image is properly taken care of.

Congratulations, madam: while babbling pointlessly about sponsors and handwritten notes, you've just (#inadvertently) thrown your Goddess under the bus.

A bon entendeur...

[demonicallyslaying]

legal shit that I want to complain about

why did Lockwood and CO. get so upset about that NDA? like if they were half the agents they say they are then they would know a legal document signed by a minor isn't legally binding

And these idiots are like 15-16 years old

[maracujatangerine]

BBU Community Days Day 7: Details

@bbu-on-the-side

* {Day 7: Details} What's a detail of BBU worldbuilding you always wanted to dive into? (Newly emerging professions, legal aspects, pet fashion, economic side effects, societal aspects, facility workplace ethic, history, safehouse organisation, deconditioning…) Do it now, and ramble a bit!

There are so many interesting things in the BBU that it was very difficult to choose. I’m thinking about how the BBU handles end-of-life-responsibilities for the people who sign up. Since they no longer are people, it is virtually as if they have died.

What happens to their property? Is a legally binding will one of the documents someone has to sign before becoming a pet? (I don’t think that WRU would cheat and make them sign over their property to the company, since that might make family and friends angry and suspicious. People who sign up to become pets are typically not wealthy, so it wouldn’t be worth it.)

Many stories describe people signing up to become a pet as a spur-of-the-moment decision or a kidnapping, but I also think many people choose this as a carefully considered option. They see few other options in their own life and believe in the promises of the company. I’m thinking that WRU wants to make it as easy as possible for them. Perhaps there is a guide?

What to do before you become a pet?

1. Put your affairs in order. Fill in the will that WRU has provided, our in-house legal team are happy to confirm it for you. Make sure that any animals or minors in your care are provided for. (Contact WRU staff if you need any help in that regard.) Cancel your mobil phone contract, apartment lease and any subscriptions.

2. If applicable, hold a farewell party. Your family and friends will feel better about your decision if you celebrate it with a party. Reiterate your reasons for becoming a pet, tell them you love them and that you are entering a new, exciting stage of your life by becoming accepted into the program.

3. What to bring when you enter the facility? You only have to bring yourself, nothing else. WRU will henceforth provide for your every need. From toothbrushes to medications to shoes and clothes, we’ve got you covered.

*

What do you think? How would WRU deal with these things?

[flfverse]

contracts, pt 1: an overview

i’ve talked about contracts a bit before, but i want to really dig into the logistics right now. this post got long, so i’m not discussing bonding/permanent contracts here. they’re very similar to other kinds of contracts, but will have extra stuff that i’ll talk about in a later post.

so, basically, a contract is any document which lists the names and safewords of all parties, the duration of the contract, and signatures from all parties confirming their consent. that’s the bare minimum. it’s not very common for a contract to be that bare, but it does happen. it also doesn’t need to be fancy or structured or anything—12 words scribbled on a used napkin will hold up in court. this is important, because while collars are also important signifiers of a relationship, everyone has a different idea of what they mean, and being collared is not in any way legally binding.

additional note: minors can only enter a contract with parental consent, and they are not allowed to enter a contract lasting longer than six months, though they can keep renewing that six-month contract if they want. doing so is uncommon, though, and most don’t enter a contract at all.

a general list of other things contracts can include, in no particular order:

hard & soft limits

preferences/likes

schedule (ex: required to do 2 scenes per week)

health concerns (ex: old injury, asthma)

exclusivity clause

^^ exceptions to the exclusivity clause

24/7 dynamic rules

business arrangements or other deals

and any of those can be as simple as a few sentences or bulleted list, or can take up multiple pages of detail.

of course, the less information there is the more risky it is, especially if you are trying to prove something in court (if it’s not written down, you can’t say for sure that your partner knew choking is a hard limit, for example).

it’s fairly common practice to have a rudimentary contract for a one night stand or something, just to be on the safe side. however, if you’re going to be more serious than that, most people start out with a one- or two- week contract. the longer a contract gets, the more information it usually contains.

but let’s talk about some of the things i just listed. some of them are fairly self-explanatory, but others are not.

what’s an exclusivity clause? contracts are not, by default, a marker of an exclusive relationship. this universe is a lot more open to, well, open relationships and polyamory. an exclusivity clause makes it clear that the people signing the contract are only sceneing/in a relationship with the other people signing on.

there can be exceptions written in! say character A and character B are entering a mostly-exclusive relationship, but A occasionally helps out their friend C and isn’t comfortable closing that door, but also doesn’t want a formal arrangement with C. they would include an exception to the exclusivity clause and anything A did with C would not be considered cheating (unless there were…specific acts A agreed not to do with C…there’s always exceptions!! you get the point). there could also be a general exception, like A can scene with any third party as long as B knows and agrees to it. whatever.

what about a 24/7 dynamic? an actual 24/7 d/s relationship is considered pretty old school/traditional and might be viewed as bigoted. it doesn’t have to be, just like there’s nothing inherently wrong with a woman being a stay-at-home mom and taking care of cooking and cleaning while her husband is the breadwinner. that doesn’t mean the relationship can’t be bad or that there isn’t a correlation between Old Traditions and bigotry, but. you know.

but anyway, the point. some people do want to make their entire lives/relationship revolve around the dom/sub dynamic. this can include things like service submission, the dom controlling what the sub wears, scenes happening daily rather than weekly, etc.

HOWEVER. not all 24/7 dynamic rules in a contract automatically equate to that kind of relationship. for example, the rule can just be something small like the submissive not being allowed to remove/put on their own collar. it could even be used to help with self-care—for example, if the sub frequently forgets to eat at their busy job, they could have a rule about a scheduled time to take a break and being required to tell their dom what they ate.

some people also might want to do a 24/7 thing, but only some of the time. Erasermic do this! they’re both switches, but if one of them decides to wear their collar outside of a scene it’s a signal for that. i reference this in Free Falling chapter 4.

okay, but wait, business deals? yall heard of political marriages? yeah, this is a thing. it’s not super common, especially if you’re not rich, but it does occasionally happen. i’m not actually all that sure how business deals work. maybe something to the effect of A & B having a partnership between their companies as long as their, yknow, romantic partnership lasts.

OH HEY! speaking of romantic partnership!

contracts aren’t inherently romantic. they’re generally assumed to be, but they can just as easily be platonic, or…whatever else you may have going on. it doesn’t matter or affect the contract at all. the contract is there to outline boundaries, not say “A is sooo in love with B.” a marriage license in our world doesn’t say two people are in love. it just says they’re now entitled to tax benefits. and stuff. but it is generally assumed that marriage = love. you get me?

it is, in general, relatively easy to get out of a temporary contract. the least painful way is to simply have all parties agree that it's not working out and break it off. destroying all copies of a contract pretty neatly breaks it as well, but if your partner doesn’t want to end things it’s probably better to file a restraining order rather than destroying evidence.

now, this post is long enough, so i'm going to talk about bonding, and contract violations later.

[freelegaldocuments]

Are Liability Waivers Legally Binding?

A liability waiver is a binding contract that informs your customers and safeguards your company. A waiver is a great way to ensure that, for example if you are an event organizer, you will not be held accountable for any incidents that result in harm, illness, or death. It is crucial to design waiver documents that parents and legal representatives can sign on behalf of minors. This will be useful for situations where kids cannot sign responsibly for themselves, like field trips or other activities. The templates for liability waivers are available at free legal forms websites.

How Legally Binding Are Liability Waivers?

This is a question that lawyers who work in the travel industry are frequently asked, and the answer is dependent on where and with whom you do business. Waivers are legally enforceable contracts in the majority of states in the U.S., provided that the traveler signs the form indicating their agreement to its terms and that the release satisfies certain requirements established by state law (via the courts and/or statutes).

A release of liability waiver must be implemented properly to protect both the releasor and the releasee, so it is crucial to speak with a local legal expert to better understand the requirements.

The laws governing liability waiver agreements vary from state to state in the United States, and they vary even more when the agreements span national and international boundaries.

For instance, while accepting in the US for voluntary activities like adventure travel, the concept of a waiver that releases a company from negligent acts is foreign to the United Kingdom. Due to the very specific laws governing package holidays in the UK, tour operators there are unable to excuse ordinary negligence. Travel companies have additional peace of mind regarding legal action thanks to the type of indemnification clauses that are found in the U.S liability waivers.  You can find a printable general release of liability form online.

You will need to speak with a local expert about these types of potential lawsuits as well as other legal action. in order to determine the requirements that must be met. However, it is crucial to remember that courts dislike unclear releases of liability waivers, regardless of where you live. They are disliked because, by signing these contracts, travelers give up a lot of rights. You should be aware that liability waivers are scrutinized closely if you ever find yourself in court defending one. Therefore, you will need a professional's assistance if you want your release of liability waiver to be perfect.

[zenosanalytic]

It is illegal look:

Every office holder in the united states agrees to discharge their duties faithfully and in the best interests of the people they have authority over. They agree to protect, not attack, the civil rights of those they have authority over. That's not faff: that's legally binding. The documents which allow them to hold office and exercise authority require them to sign their names to this oath -they can't exercise that power without doing it as we all learned with the recent House of Representatives shitshow- and signing their names to that oath is just as legally binding as you signing your name to a credit-card receipt or cellphone contract.

The problem is that US authority figures decided quite aways back to not enforce the law upon each other or their agents. They decided that good governance will just take care of itself, Somehow, without needing anything from them to make it happen. So: when some fascist asshole like DeSantis blatantly violates his oath of office like this -when he openly attacks the operational freedom and integrity of a college within his state, inherently defrauding every student of that institution in the process, or starts a campaign of harassment against his own citizens- they just stand by, doing nothing, rather than doing what they're supposed to do which is come down on him like the fiery wrath of heaven. The US legal system treats office-holders using the power of their office to commit crimes as some minor 'oopsie' instead of what it is: a felony they're obligated to remove people from office for.

DeSantis isn't just a jerk he's a criminal, and that US officials and law enforcement do absolutely nothing to stop his depredations is one of many examples of just how corrupted and decayed US Politics and Governance has become. People throw around the word 'decadence' allot to mean bscl "people having fun" but it isn't that; it isn't ppl having sex with who they like and eating foods they enjoy. It's taking something so deeply for granted that you won't even lift a finger to save it.

this is happening at my college right now. i’m in my third year here and everyone i know is like. haha, im in danger.

what they’re doing seems almost illegal, like.. considering desantis brought in the majority of the trustees in one sweep, we didnt even have a chance to dissent their new supermajority firing president okker with no cause. or if it isn’t, it should be illegal, there’s literally no checks and balances happening here. no democracy involved. genuine fascism at work, it’s actually absurd. extremely fucking filthy and despicable political ploy.

yesterday wrt the board of trustees meeting, a student commented, “The fact they are playing [the college president] like she's a game and she is sitting at that table CRYING is something that shakes me.”

this is who they replaced our president with

they don’t care about education or the students at all. they don’t care. we’re chess pieces to them.

read more:

please help us defend ourselves, not just for NCF but for educational freedom in academic institutions in general. donate, spread the word, etc. here’s the site

[bukopedia]

A Complete Guide to Will Writing Services in the UK

Writing a will is one of the most important steps you can take to protect your loved ones and ensure your assets are distributed according to your wishes. Despite its significance, many people in the UK put off this task, leaving their estate vulnerable to disputes or government intervention. In this blog, we’ll explore the benefits of using a professional will-writing service, what to expect during the process, and why it’s crucial for your peace of mind.

What Is a Will?

A will is a legal document that outlines how you want your assets—such as money, property, and possessions—distributed after your death. It also allows you to:

Appoint guardians for your children.

Specify funeral arrangements.

Leave instructions for charitable donations.

Without a valid will, the UK’s intestacy rules will determine how your estate is divided, which may not align with your wishes.

Why Use a Will Writing Service?

While you can write a will yourself, using a professional service ensures accuracy, legality, and clarity. Here’s why it’s a smart choice:

1. Expert Legal Advice

Professionals understand UK inheritance laws and can guide you through complexities like inheritance tax (IHT), trusts, and asset protection.

2. Tailored Solutions

Will-writing services provide bespoke advice, ensuring your will reflects your unique family and financial circumstances.

3. Avoiding Errors

DIY wills are prone to mistakes that can render them invalid. A professional service ensures your will is properly witnessed, signed, and legally binding.

4. Peace of Mind

With a professionally written will, you can rest assured that your wishes will be carried out smoothly.

What Should a Will Include?

A well-drafted will typically covers:

Beneficiaries: The people or organisations (e.g., charities) who will inherit your estate.

Executors: Individuals responsible for ensuring your will is carried out.

Guardianship: Arrangements for minor children.

Funeral Wishes: Instructions for burial or cremation.

Asset Distribution: Who gets what, including specific gifts.

Trusts: To manage assets for minors or vulnerable beneficiaries.

The Will Writing Process

Step 1: Initial Consultation

Meet with a professional to discuss your assets, family situation, and wishes. This can often be done in person, online, or over the phone.

Step 2: Drafting Your Will

The service provider drafts your will based on the information provided. They ensure all legal requirements are met.

Step 3: Review and Finalise

You’ll review the draft and make any necessary adjustments.

Step 4: Signing and Witnessing

To make your will legally binding, it must be signed in the presence of two independent witnesses who are not beneficiaries.

Step 5: Storage and Updates

Professionals often offer secure storage for your will and assist with updates as your circumstances change.

Who Needs a Will?

Everyone! But it’s especially crucial if you:

Own property or significant assets.

Have children under 18.

Are in a blended family.

Wish to leave gifts to charities.

Want to exclude certain individuals from inheriting.

Why Update Your Will?

You should review and update your will after significant life events, such as:

Marriage or divorce.

Birth or adoption of a child.

Buying or selling property.

Changes in financial circumstances.

Choosing the Right Will Writing Service

When selecting a service, consider:

Qualifications: Ensure they are regulated by a professional body, such as the Society of Will Writers or Institute of Professional Willwriters (IPW).

Reputation: Look for reviews and recommendations.

Cost Transparency: Avoid hidden fees by choosing providers with clear pricing.

The Risks of Not Having a Will

Without a will, intestacy laws dictate how your estate is divided, which could lead to:

Family disputes over inheritance.

Your partner (if unmarried) receiving nothing.

Higher inheritance tax bills.

Delays in accessing your estate.

Conclusion

A will is an essential document for anyone looking to protect their loved ones and ensure their wishes are respected. Using a professional will-writing service simplifies the process, reduces risks, and provides peace of mind.

[northvistanotaryy]

Notary Public Services in Mississauga: Your Guide to Professional Document Authentication

What is a Notary Public?

A Notary Public is a government-appointed official responsible for witnessing the signing of legal documents, administering oaths, and certifying copies of original documents. Their role is to prevent fraud and ensure that all parties involved in a transaction are fully aware of the legal significance of their signatures. The notary’s seal or signature confirms that the document has been signed voluntarily and without coercion.

In Ontario, including Mississauga, notary services are regulated, and notaries are empowered under the Notaries Act. These professionals are vital when it comes to a wide range of services that require formal certification, including the authentication of documents intended for use outside the country.

Common Services Provided by Notary Publics in Mississauga

Document Notarization:

This is one of the most common services offered. Whether you're dealing with affidavits, statutory declarations, or travel consent letters, a Notary Public will ensure that the document is signed correctly, and the identities of the signatories are verified. This is often required for court filings, immigration applications, or real estate transactions.

Oaths and Affirmations:

In some situations, individuals need to swear an oath or make a solemn affirmation regarding the truthfulness of a statement. This is common in affidavits or legal declarations. A Notary Public in Mississauga can administer these oaths and affirmations, ensuring that the process meets legal requirements.

Certified True Copies:

Many legal processes, especially in immigration, education, and foreign business dealings, require certified copies of important documents like passports, birth certificates, or academic transcripts. A Notary Public can verify that the copy is a true and accurate representation of the original document.

Letter of Invitation for Immigration:

If you're inviting a friend or family member to Canada for a visit, you'll often need to provide a notarized letter of invitation. Notary Publics in Mississauga are well-versed in the necessary format and can help ensure that your document meets immigration standards.

Travel Consent Letters for Minors:

If you're traveling internationally with a minor and one parent is not present, Notary For Passport Application many countries require a notarized travel consent letter from the absent parent. This precaution helps prevent international child abduction and ensures compliance with international travel laws.

Why Hire a Professional Notary Public in Mississauga?

Using a professional notary is crucial to ensure that your documents are valid and legally binding. Here are a few reasons why you should consider a certified Notary Public in Mississauga:

Legal Expertise:

Notaries are knowledgeable about the specific requirements for different legal documents. Their experience helps to minimize errors that could result in delays or rejections, especially in cases involving immigration or international legal matters.

Fraud Prevention:

A key role of a Notary Public is to confirm the identity of signatories. This is crucial in preventing fraud, ensuring that documents like powers of attorney or real estate transactions are authentic and willingly signed.

Convenience and Accessibility:

Mississauga has a wide range of notary services available. Many notary offices offer flexible hours, making it easier for individuals with busy schedules to access these essential services. Mobile notaries can also provide on-site services at your location for added convenience.

How to Choose the Right Notary Public in Mississauga

When selecting a Notary Public, it’s important to ensure that they are properly licensed and experienced. A reputable notary should:

Be easily accessible and offer a clear explanation of their services.

Have transparent pricing for notarization, certified copies, and other services.

Be able to provide references or reviews from previous clients to demonstrate their credibility.

You can find notary services through legal offices, independent professionals, and dedicated notary businesses. Some notaries may also specialize in specific services, such as real estate or corporate notarization, so it's essential to choose one that fits your particular needs.

[evansentcoffee]

Playing thru magical turnabout now, iirc minors can't sign legally binding documents without an adult ... calling it now that's gonna come up later. Though it may just be another symptom of aa kangaroo court lmao

But like even then ..... trucy's DAD is a lawyer, I'm sure she would've at least taken it to him to review, something's definitely wrong and I hate that producer guy he probably did it

[productiveandfree]

Crafting Your Legacy How to Write a Will that Stands the Test of Time

Considering your future and the legacy you want to leave? Writing a will is crucial for ensuring your wishes are honored and your loved ones are cared for. This guide helps estate planners and families understand the importance, steps, common mistakes, and emotional aspects of creating a comprehensive, legally binding will. Start crafting your legacy today.

Understanding Wills

What is a Will?

A will is a legal document that outlines how you want your assets distributed after your death. It can include instructions for your property, investments, personal items, and more. Having a will ensures that your estate is handled according to your wishes, minimizing disputes and confusion among your heirs.

Why is it Necessary?

Without a will, the state decides how your assets are distributed, which may not align with your desires. This legal process, known as intestacy, can be lengthy and complicated. By having a will, you maintain control over your estate and provide clear guidance to your loved ones. Estate planners play a crucial role in this process, helping you draft a will that meets legal requirements and reflects your intentions.

The Role of Estate Planners

Estate planners, including financial planning attorneys like those in Fort Worth, are professionals who specialize in managing an individual's estate. They offer valuable insights into the legalities of writing a will and help ensure that all your bases are covered. From tax implications to guardianship arrangements, estate planners can guide you through the complexities of estate planning.

Steps to Writing a Will

Choosing an Executor

An executor is responsible for carrying out your wishes as outlined in your will. Choose someone you trust who is organized and capable of handling the responsibilities.

Naming Beneficiaries

Beneficiaries are the individuals or entities who will receive your assets. Specify who gets what to avoid misunderstandings.

Appointing Guardians for Minor Children

If you have minor children, appointing a guardian is crucial. This person will be responsible for their care in the event of your passing.

Making It Legally Binding

To ensure your will is legally binding, it must be signed and witnessed according to your state's laws. This often involves having at least two witnesses who are not beneficiaries sign the document.

Reviewing and Updating

Life changes, and so should your will. Regularly review and update it to reflect major life events such as marriage, divorce, birth of a child, or significant financial changes.

Common Mistakes to Avoid

DIY Wills

While it may be tempting to write your own will using online templates, DIY will often lack the legal robustness required to stand up in court. Errors or omissions can lead to disputes and invalidate parts of your will.

Not Updating Your Will

Failing to update your will can lead to unintended consequences. For example, an ex-spouse could inherit your assets if your will isn’t updated after a divorce. Make it a point to review your will annually or after major life events.

Overlooking Minor Details

Small details can have big implications. Make sure to include specifics like account numbers, descriptions of valuable items, and any personal messages you want to convey. These details can help ensure your wishes are clearly understood and followed.

The Emotional Side

Discussing Your Will with Family

Talking about death and what happens afterward can be emotionally challenging. However, having open conversations with your family about your will can prevent misunderstandings and conflicts later on. Approach the topic with sensitivity and be prepared to answer questions.

Dealing with Emotional Reactions

Your family members may have strong emotional reactions when discussing your will. Be empathetic and give them time to process the information. Encourage them to share their feelings and thoughts openly.

Strategies for Difficult Conversations

Prepare ahead for difficult conversations by writing down key points you want to address. Consider having these discussions in a comfortable, neutral setting. If needed, involve a mediator or estate planner to facilitate the conversation.

Conclusion

Writing a will is a crucial step in securing your legacy and providing peace of mind for your loved ones. By understanding the process, avoiding common mistakes, and addressing the emotional aspects, you can create a will that stands the test of time.

Share in the comments below: Questions go here

[maranofamilylawyers]

Divorce Lawyers Sydney - Free Consultation

Divorce is often a stressful and upsetting time for all involved. It is important to obtain legal advice early on.

Australia has a no fault divorce system and there are several grounds for divorce including: that your marriage has broken down irretrievably, that you have been separated for 12 months and that there is no chance of reconciliation.

Wills

Creating a will is a very important legal document that allows you to state your wishes regarding the division of your property and assets, particularly if you have children. Without a will, the family court may have to make this decision for you, which can cause conflict among beneficiaries and unnecessary stress at an already difficult time.

A divorce is the official termination of a marriage and is regulated by the divorce Lawyers Sydney free consultation and Federal Circuit Court in Australia. In order to apply for a divorce, you must have a ground which states that your marriage has irretrievably broken down. Additionally, you must have separated for 12 months and have not been living together under the same roof.

A Sydney divorce lawyer can help you through this stressful process, ensuring that your application has been filed correctly and meeting all the requirements. They can also reduce the cost of your divorce by applying for general or financial hardship fee reductions.

Trusts

Divorce is a complex process and our family lawyers can assist you to obtain the best possible outcomes. Whether you are applying for a divorce, separating or need assistance with property settlement negotiations or binding financial agreements we can help.

Trusts are an excellent way for high net worth individuals to preserve and protect their wealth while planning for future events. They can be used to reduce estate taxes, provide for minors or those with special needs, provide a level of privacy or safeguard against relationship property claims in the event of separation or divorce.

Often when married couples separate or divorce, they will need to come to an informal or formal agreement on how their assets and liabilities (including their home, cars, money and valuable personal effects) are to be divided. An experienced Sydney divorce lawyer can assist you with the preparation of these agreements and ensure that your interests are protected.

Power of Attorney

Power of attorney allows you to give a trusted family member the authority to act on your behalf in certain circumstances. The person you grant this authority to is called your agent, and the document can take effect immediately or on a specific date in the future, or upon the occurrence of a specified event (as an “enduring power of attorney”).

You may appoint more than one agent, and you can choose whether they will be authorised to act jointly, or whether each will be able to make decisions independently from the other. You can also appoint "successor agents" to act in the event that your first choice becomes incapacitated, resigns, or dies. It's important to consult with a lawyer before creating a power of attorney to ensure that the document is tailored to your individual needs. Powers of attorney are easy to create under the guidance of a knowledgeable attorney, and they can provide peace of mind for families that someone trusted will be able to help when needed.

Enduring Guardianship

Enduring Will Lawyer Sydney allows you to appoint someone to make lifestyle decisions for you in the event that you lose decision-making capacity. The enduring guardian must be an adult who you trust and who understands your wishes. They cannot be involved in providing your care on a professional basis at the time of appointment, or a witness (unless they are an authorised person under NSW law).

The document must be signed whilst you have mental capacity and can cover decisions about lifestyle and medical treatment. You can also specify conditions or directions on the document and it is a good idea to get legal or medical advice and assistance when making it.

This is an important piece of planning that will give you peace of mind. Your family will thank you for taking this step. You can appoint more than one enduring guardian and have an alternate guardian as well. The enduring guardian cannot make decisions about your property or financial affairs – you should consider having a general power of attorney for these types of decisions.

[aalawsng]

WILL PART 2

REQUIREMENT OF A VALID WILL

A valid will must be in writing: It is imperative that a person has to take note of this important condition that a will can be typed, printed, or handwritten. It is a legally binding document that must be made in writing in order for it to be enforceable.

An individual of legal age can make a valid, He/she must be at least 18 years of age, with sound mind meaning that he/she understands that a will is being made and is the same as at the time of making the will.

A will must be made voluntarily without any external influence.

The will must be signed by the testator or any person he chooses on his behalf who then must sign in his presence and by his directions.

The testator must acknowledge his signature in presence of two (2) witnesses who must be present at the same time. Acknowledgement can be by word or conduct

The witnesses must themselves sign the will in presence of the testator. It is important to note that a witness cannot be a beneficiary to a will, and any gift given to a witness will be null and void. Choosing people who are not beneficiary to the will as witnesses will prevent a conflict of interest and ensure confidentiality. Therefore, the testator’s spouse and children cannot attest to a will, since they are definitely going to be beneficiaries in it.

A blind person can make a valid Will and  there must be a Caveat in the Will stating that the Will was read to the blind person and was signed by the person. However a Will can not be attested by a blind person.

There is however an exception to the making of a Will, a person who is not of a legal age and serves under any form of military service can make a valid Will.

CONTENTS OF A VALID WILL

The full name and address of the testator.

The names and address of the executors who will be in charge of the testator’s assets and ensure that the wishes under the will are carried out.

The full names and addresses of the beneficiaries in the will, and where the beneficiaries are minors, the particulars of the guardian appointed for them.

A full list and particulars of the testator’s assets; all the assets of the testator both real and personal should be listed, and how he wants the assets shared among the beneficiaries.

The names and addresses of witnesses to the will.

Signatures of the testator and that of the Witnesses.

REVOCATION OF A WILL

There are four ways in which a Will may be revoked as follows; by marriage, by making another Will, by writing to revoke and by destruction. 

Revocation of Will by Marriage: The testator’s marriage will automatically revoke any existing wills and codicils.This revocation occurs by operation of law, whether or not the testator wishes or intends such a revocation. Unfortunately, not all married persons are privy to the knowledge of this deemed revocation and the law may occasionally be viewed as creating some hardship to the disappointed beneficiaries. The rationale for this rule however, is to ensure that any children and new spouse will benefit, that is by creating an intestacy in the absence of a new will. In Section 11 Wills Edict 1990 0f Lagos State, the typical law states:

 “Every Will made by a man or woman shall be revoked by his or her marriage (other than a marriage in accordance with customary law) except: A will expressed to be made in contemplation of the celebration of that marriage. Provided that the names of the parties to the marriage contemplated are clearly stated”.

 An exception to this general rule is made if, and only if, 

Wills made in exercise of a power of appointment in which the person appointed will not default of the appointment but it passes to his or her executor or administrator.

Wills expressed to be made in contemplation of celebration of a marriage where the names of the parties to the marriage contemplated are clearly stated.

Revocation of Will by Voluntary Act: Pursuant to Section 14 of the Wills Act, a will may be revoked, in whole or in part, by the formal execution of a written declaration of revocation, whether this declaration stands alone or is found as part of a subsequent will or codicil. To be effective, however, the testator must intend to rescind the prior will, in whole or in part. It requires both a written declaration expressing the testator’s intent to revoke the prior will and requires that such a declaration be properly executed in compliance with the Wills Act formalities. Most often the revocation will be included in a new will or codicil however that is not required so long as the declaration of revocation is properly executed in compliance with the Wills Act formalities. From a practice standpoint therefore, where a testator wishes to make changes to a previous will, we suggest the safest practice is usually to start again by drawing a new will revoking the previous will entirely and thus avoiding any confusion. The words of revocation are not clear, the earlier will remain.

Revocation of Will by Destruction: a will, or part of a will may be revoked by the destruction of the will by the testator or by the testator’s direction and by sufficient destruction, with the testator’s intention of revocation. The intention to destroy and the act of destruction must coexist for a valid destruction. The Wills Act requires both that the testator intends a revocation by destruction and witness or participate in that destruction, whether it be the testator or his or her agent who physically effects the destruction. Partial destruction will not revoke the entire will unless those parts of the will left intact cannot stand on their own. The destruction must not merely be symbolic, but result in actual 'physical injury' to the will, such as cutting the will into bits which could not be pieced together or total incineration. The intention to revoke, no matter how clear it may be, is not enough without a completed act of destruction of the will. Similarly, destruction without intention to revoke does not revoke the will. 

[easycartransport]

Navigating Damages in Car Shipping Across Australia: A Guide to Effective Handling

Despite our desire for a seamless car transfer, unforeseen circumstances may disrupt the process. Upon your vehicle's arrival at its destination for transfer, the expectation is that it remains free of dents and scratches, especially when opting for a reputable car transfer company. However, the reality may differ, and damages might have occurred during the journey. How does one effectively handle the damages observed during car shipping in Australia?

While car transfers typically involve similar steps and responses, the intricacies of the process can differ. When you discover damage to your vehicle, the initial step is to promptly contact the car freight Australia. Time is of the essence, as you have a 30-day window to file a claim. Failing to report damages within this timeframe can absolve the carrier of responsibility for any dents or scratches. The representative from the transport company will record your complaint and guide you through the necessary steps. It's crucial to maintain careful documentation and diligently follow up on the subsequent procedures to ensure a thorough resolution of the issue.

THE BILL OF LADING

In cases of damage during car shipping, it's imperative to document the issues promptly on the Bill of Lading or B/L. This globally recognized document serves as a crucial tool for cargo carriers, confirming the receipt of the vehicle and its intended transportation to a designated destination for delivery to the consignee. By detailing the damages on the Bill of Lading, you create an official record that can be instrumental in addressing and resolving the issues that occurred during the shipping process.

The Bill of Lading serves as a binding legal contract between you and the interstate car carriers. In the unfortunate event of damage to the cargo, this document plays a crucial role in filing claims against either the owner of the ship or your insurance company.

Provide a comprehensive description of the damages and ensure that the driver acknowledges that these issues were absent before the car transport. Both parties involved, you and the driver, must sign the Bill of Lading to affirm the existence of damages and the accurate condition of the vehicle at the time of delivery. This verification process is conducted by comparing the original Bill of Lading with the inspection report, establishing a reliable record of the car's condition before and after transport.

The Repairs

Upon notifying the representative, the transport company initiates communication with the responsible carrier to address the damages incurred during the car shipping process. In most cases, minor repairs can be efficiently handled by the carrier. However, if the damages necessitate substantial repairs, the involvement of the carrier's insurance company may extend the resolution timeline.

It's crucial to note that both liability and cargo insurance are mandated by law for car shipping services in Australia and other car transfer companies. This legal requirement ensures that damages to your vehicle are covered, providing a layer of protection and financial recourse in the event of unexpected issues during the transportation process.

Following notification, the insurance agent will conduct a thorough inspection of the damage, preparing an estimate for the repair costs. Subsequently, the insurance company will initiate the processing of the claim for the damages incurred during car shipping.

It's crucial to exercise patience and await the approval and authorization from the insurance company before proceeding with any repairs at an auto shop. Adhering to this process ensures that you comply with the necessary procedures and receive the rightful compensation for the damages.

Once authorized, proceed with the necessary repairs, confident that the insurance coverage will take care of the associated costs. Having diligently documented the condition of your vehicle before car shipping in Australia, you can rest assured that the insurance will appropriately handle the situation, allowing you to resume driving with confidence once the repairs are completed.

[jjlawidaho]

Estate planning attorney in Boise ID: Complete Estate Plans

Estate planning attorney can help maintain a proper estate plan

Estate planning attorney in Boise ID can help you maintain a comprehensive estate plan. Estate planning is a crucial aspect of ensuring your assets and wishes are protected and carried out after your passing. In Idaho, as in many other states, having a comprehensive estate plan in place is essential for individuals and families alike. A comprehensive estate plan involves a series of legal documents designed to address various aspects of your estate, including asset distribution, healthcare decisions, and guardianship arrangements. This article will delve into the legal documents that constitute a comprehensive estate plan in Idaho, offering insight into their importance and functionality.

Legal Documents for a Comprehensive Estate Plan

1. Last Will and Testament (Will)

A Last Will and Testament is one of the fundamental components of an estate plan. This legal document outlines how you want your assets distributed after your death. In Idaho, a valid will must meet certain requirements, such as being in writing, signed by the testator (the person making the will), and witnessed by at least two individuals who are not beneficiaries named in the will. Without a will, Idaho's intestacy laws will determine how your assets are distributed, which may not align with your wishes.

2. Revocable Living Trust

A Revocable Living Trust is another essential document in estate planning, particularly for individuals with substantial assets or complex estates. This trust allows you to transfer ownership of your assets to the trust during your lifetime, which then passes to your designated beneficiaries upon your death, avoiding probate. In Idaho, revocable living trusts can provide privacy, flexibility, and control over asset distribution, making them an attractive option for many individuals.

3. Advance Healthcare Directive

An Advance Healthcare Directive, also known as a living will or healthcare power of attorney, allows you to appoint a trusted individual to make healthcare decisions on your behalf if you become incapacitated and unable to express your wishes. This document outlines your preferences regarding medical treatment, end-of-life care, and organ donation. Having an Advance Healthcare Directive ensures that your healthcare decisions align with your values and preferences, even when you are unable to communicate them yourself.

4. Durable Power of Attorney

A Durable Power of Attorney grants someone you trust the authority to make financial and legal decisions on your behalf if you become incapacitated. This document is crucial for ensuring that your finances and affairs are managed effectively if you are unable to do so yourself. In Idaho, a durable power of attorney remains valid even if you become incapacitated, providing essential protection and support for your financial interests.

5. Guardianship Designation for Minor Children

If you have minor children, it's vital to designate a guardian who will care for them in the event of your death or incapacity. This designation can be included in your will or established through a separate legal document. In Idaho, the courts will consider your designated guardian's suitability and the best interests of your children when making decisions regarding their care.

6. Beneficiary Designations

Certain assets, such as life insurance policies, retirement accounts, and payable-on-death (POD) accounts, pass directly to designated beneficiaries upon your death, bypassing probate. It's essential to review and update these beneficiary designations regularly to ensure they align with your overall estate plan. In Idaho, these designations supersede any conflicting instructions in your will, underscoring their importance in comprehensive estate planning.

7. Letter of Instruction

While not a legally binding document, a Letter of Instruction can complement your estate plan by providing guidance and instructions to your loved ones regarding your funeral arrangements, digital assets, and other important matters. This document can offer clarity and alleviate confusion during a challenging time, making it a valuable addition to your estate planning toolkit.

8. Irrevocable Trusts

In certain circumstances, establishing an irrevocable trust may be advantageous for estate planning purposes. Irrevocable trusts, once created, cannot be altered or revoked by the grantor, providing asset protection and potential tax benefits. These trusts can be used to minimize estate taxes, protect assets from creditors, and provide for the long-term care of beneficiaries. Working with an experienced attorney can help you determine if an irrevocable trust is appropriate for your estate planning needs in Idaho.

9. Special Needs Trusts

For individuals with disabilities or special needs, a Special Needs Trust can be established to ensure they receive the care and support they require while preserving eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI). These trusts are designed to supplement, rather than replace, government assistance programs, providing for the beneficiary's unique needs without jeopardizing their eligibility for essential benefits.

10. Business Succession Planning

If you own a business, incorporating business succession planning into your estate plan is essential for ensuring a smooth transition of ownership and management in the event of your death or incapacity. This may involve establishing a buy-sell agreement, identifying and grooming successors, and implementing strategies to minimize tax implications. Proper business succession planning can safeguard the continuity and viability of your business, protecting both your legacy and your beneficiaries' financial interests.

Incorporating these additional components into your estate plan can enhance its comprehensiveness and effectiveness, addressing specific concerns and priorities unique to your circumstances. Working closely with a knowledgeable estate planning attorney who understands Idaho's laws and regulations can help you navigate the complexities of estate planning and create a plan that reflects your wishes and safeguards your legacy for future generations. By taking proactive steps to establish a comprehensive estate plan, you can gain peace of mind knowing that your assets are protected, your loved ones are provided for, and your wishes are honored.

Hire the best estate planning attorney in Boise ID

Jacobson & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started. For a free 30-minute consultation, book here: https://calendly.com/jfj-1

[northvistanotaryy]

Navigating Legal Documents: The Significance of Statutory Declarations and Travel Consent Notaries in Ontario

Imagine you’re on the brink of a significant property transaction or perhaps planning an international trip with your child, only to realize that certain legal documents are essential to proceed. In Ontario, understanding the importance of statutory declarations and travel consent notaries can be the difference between a soft approach and a potential legal complication. These documents are crucial for affirming facts and gaining consent, ensuring that legal and personal matters are handled efficiently.

What is a Statutory Declaration?

A statutory declaration in Ontario is a solemn statement of facts that the declarant believes to be true and swears to be true in the presence of an authorized official. This document is often required in situations where a person needs to affirm certain facts without taking an oath. For instance, a statutory declaration Ontario is commonly used for confirming personal details, property ownership, or any facts pertinent to legal proceedings. This written statement provides a formal way to assert truths in various legal contexts.

The Importance of Statutory Declarations

The statutory declaration Ontario serves a critical role in legal and administrative processes. It is used to confirm information that might not have other formal documentation or to validate personal claims. For example, in property disputes or when applying for certain benefits, a statutory declaration can serve as a verified statement of truth. The importance of this paper lies in its capacity to provide a legally recognized method of affirming facts, which can be pivotal in resolving disputes or validating claims.

Steps to Obtain a Statutory Declaration

Obtaining a statutory declaration Ontario involves drafting the declaration with precise and truthful information. After drafting, the declarant has to bring the document to an authorised authority, such as a notary public or a commissioner of promises, who will see the signing and validate the declarant's identification. This process ensures that the declaration is legally binding and can be used in various legal contexts to confirm the truth of the stated facts.

Understanding Travel Consent Notary

When planning international travel for a minor child, especially without both parents or guardians, a travel consent letter becomes indispensable. This letter, which must be notarized, confirms that the child has permission to travel, ensuring compliance with legal requirements and preventing potential issues at border crossings. The travel consent notary Ontario provides the necessary validation to ensure that the child's travel is legitimate and authorized by the absent parent(s) or guardian(s).

Why a Travel Consent Notary is Essential

The travel consent notary Ontario plays a vital role in safeguarding the welfare of traveling minors. This document prevents unauthorized travel and abductions by ensuring that both parents are informed and agree to the travel plans. It is especially crucial in cases of separated or divorced parents, where one parent might need to provide legal proof of the other's consent for the child's travel. Notarizing the travel consent letter gains an official status, which is essential for meeting immigration and airline requirements.

Process of Obtaining a Travel Consent Notary

To obtain a travel consent notary Ontario, the parent or guardian must draft a letter including the child's travel details, such as the destination, travel dates, and accompanying adults. The letter has to be signed by a notary who will notarize the paper and validate the names of the signatories. This notarization adds a layer of legal validation, making the document acceptable for border control and airline authorities.

Conclusion

In conclusion, understanding the roles and processes of statutory declaration Ontario and travel consent notary Ontario is essential for navigating various legal and personal matters. These documents not only provide a legal framework for affirming facts and consent but also offer peace of mind in ensuring compliance with legal requirements. Northvistanotary.com is the website to consult for professional assistance with these documents.