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BASSETT & COMPANY has prepared this "tongue in cheek" look at the Will you get by not preparing one of your own. It is based on the distribution of assets as prescribed by the Estate Administration Act for a person who has died without a Will, leaving a wife and two or more children. The preparation of a Will is a serious matter, but we felt that a little humor may help to get the point across. For answers regarding your specific Will, please contact the writer.
Since I trust the Government and Politicians to know better than I how to handle my affairs, I have decided not to write my own Will and instead I adopt this Last Will and Testament which has been prepared for me by the government:
FIRST: I give my wife $65,000.00 to do with as she pleases. I also give my wife all of our joint property and one third of my separate property, and I give the remaining two thirds to my children. I appoint my wife as guardian of my children, but as a safeguard, I require that she report to the Court each year and render an accounting of how, why, and where she spent the children's money which was necessary for the proper care of my children. As a further safeguard, I direct my wife to produce to the probate court a performance bond to guarantee that she exercises proper judgment in the handling, investing, and spending of the children's money. As a final safeguard, my children shall have the right to demand and receive a complete accounting from their mother of all her financial actions with their money as soon as they reach age 19. When my children reach age 19, they shall have full rights to withdraw and spend their share of my estate. No one shall have any right to question my children's actions on how they decide to spend their respective shares.
SECOND: Should my wife remarry, her second husband shall be entitled to the first $65,000.00 plus one third of all of her separate property, and all of her share of their Joint Property. Should my children need some of this share for their support, the second husband shall not be bound to spend any part of his share on my children's behalf. The second Husband shall have the sole right to decide who is to get his share, even to the exclusion of my children.
THIRD: Should my wife predecease me or die while any of my children are minors, I do not wish to exercise my right to appoint a guardian for my children. Rather than appointing a guardian, I direct my relatives and friends to get together and appoint a guardian by mutual agreement. In the event that they cannot agree on a guardian, I direct the Public Trustee's office to step in and appoint a stranger to be my children's guardian, and to take control of all of their money until they reach age 19.
FOURTH: Under existing law, there are certain legitimate avenues open to me to lower the incidence of tax as a result of my death. Since I prefer to have my money used for government purposes, rather than for the benefit of my wife and children, I direct that no effort be made to reduce taxes on my death.
In Witness Whereof I have abdicated my responsibility to my family and allowed my affairs to be handled in accordance with the Estate Administration Act.
This tongue in cheek look at the Will you get by not preparing one of your own was prepared by: Bassett & Company, Barristers & Solicitors, 260 - 2300 Carrington Road, Westbank, B.C., V4T 2N6, (604) 768-5152, Fax (604) 768-3003 E-Mail: lawyers@oklawyers.com, http://www.ogopogo.com/lawyers