The reading of the will - is that only in movies?

Factual Questions
1

We’ve all seen it in crappy movies or TV shows. The rich guy dies, and the lawyer calls the entire family into the office for The Reading Of The Will. If the director is feeling cheesy enough, he’ll have the dead guy read it himself via videotape. But even a relative who’s getting stiffed has to put on a suit and show up just for the humiliation so there can be some bickering and other drama.

But does that ever happen in real life? All of the inheritances I know of have consisted of just a phone call from the executor followed later by a letter with the check. Never have I ever heard of a formal meeting and a dramatic recitation of the will. Have I been missing something fun?

2

There is no requirement of a “formal reading” of a will. Family members often find out about the will’s contents when it is offered for probate. They get a notice, and sometimes a copy of the will, depending on the state, and the like. Some people videotape the will. The video is usually a precaution. It shows the “dead guy,” at the time the will was executed. This can be helpful if an heir challenges the will based on testamentary capacity. In most cases, the actual will is still a written document.

3

In most cases? IIRC it’s every case. I don’t think any state recognizes non-written wills do they?

4

I believe there are very limited exceptions. BTW, an oral will is called a nuncupative will.

Here is are some examples of the exceptions.

http://www.povertylaw.org/legalresearch/hotline/faqs/missouri/moclntfaq/C62MO.html

http://www.povertylaw.org/legalresearch/hotline/sd/atty/A62SD.htm
http://www.legalzoom.com/wills/OklahomaLastWillandTestament.html

5

Please forgive the syntax error.

6

Um, yeah, it’s hard to fit a VHS cassette under a notary’s stamp, and a DVD would get ruined.

Thanks for the “No” answer, gfactor. But still, the entertainment industry would be so much poorer without the ceremony, fictitious though it is.

7

We are still trying to figure out a way to fit an imaged mortgage or deed under one.

8

Damn! There go my plans to have all my prospective heirs wait on pins and needles while a ventriloquist, using a dummy made in my image, reads the will.

“I, Doc Cathode, being of sound mind- Hey, am I really of sound mind?”

“No, Doc. You’re a real blockhead.”

“Sound mind and body- What about that? Am I of sound body?”

“Absolutely! Three coats of varnish.”

“Sound mind and body, do certify this to be my last will and testament, which I shall read while my attorney drinks a glass of Yoo Hoo. Mmmm, Yoo Hoo.”

9

Depending on your level of despise for your family members, you still
could do this. For instance you could probably put a provision in the Will making attendance at a “formal reading” mandatory. If they don’t show up, you leave them a stick of gum instead of cash, and their inheritance goes to the residuary beneficiaries, a charity, or their ex-spouse. Have fun with it. Make them all participate in a puppet show reenactment of your death, modified to mimic the trial and death of Christ, or the Rosenbergs. Make them all sing Kum Ba Ya while coloring pictures of you using only yellow crayon, create a trust for the benefit of an irritating pet, paying each of them a stipend out of the trust each year. When the pet dies, the money goes to charity. The possibilities are endless.