Vetoed Goodbye Act

[AndreyMia]

A
BILL
To

Create a legal precedent for Wills and Testaments​

The people of Democracy Craft, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment

(1) This Act may be cited as the “Goodbye Act”.
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been co-sponsored by Representative FracturedGhast7 and Senator GoldBlooded.

2 - Reasons

(1) Create a legal precedent for the creation and execution of wills and testaments.
(2) As it stands, assets and property of players who left DC are distributed in an unorganised manner, leading to confusion, inconvenience and conflict.
(3) Wills and testaments will provide a guideline of the distribution of assets and property of a person who leaves DC / is legally dead.

3 - Definitions

Testator - The person who signs the will and testament; that is, the person whose will it is.
Estate - The property and assets of the person whose will and testament are in question.
Executor - The person named to administer the estate, in accordance with the testator's wishes in the will.
Beneficiary - The person who receives estate, real property, or personal property from a will.
Bequeath - To give estate in a will.
Real Property - Land and buildings sitting on the land.
Personal Property - Items and other belongings.
Intestate - A person who dies without a will.
Probate - Probate is the term for a legal process in which a will is reviewed to determine whether it is valid and authentic

4 - Content of a Will

(1) The testator must clearly identify themselves as the maker of the will for the will to be lawful.
a. In the event where a lawyer has drafted the will for the testator, the will must identify the lawyer as the author of the will.
(2) The testator must declare that he or she revokes all previous wills for the will to be lawful.
a. If the most recent will signed doesn’t exclusively revoke previous wills, the most recent will to be signed by the testator in accordance with this Act shall remain in effect.
(3) The testator must sign the date on which the will was completed/has last been updated.
(4) The testator must state the executor of the will.
(5) The testator must leave a signature at the end of the will.
a. Any text below the signature of the testator shall be ignored.
(6) The executor of a will must agree to be the executor of a will via confirmation in the form of a reply to the will in the thread of the will.
(7) In order for a will to be lawful, it must be officially filed with the Department of Justice.
a. The Department of Justice shall make and maintain a forum category for the official filing of wills.

5 - Executor Qualifications

(1) In order to be eligible to be an executor of a will, one must have a legal qualification of a solicitor or higher.

6 - Probate

(1) The District Court shall have the authority to appoint an executor in the event the executor appointed by the testator is considered to be unfit, legally dead, or in the event in which the testator has not appointed an executor.
(2) The executor may request Probate from the District court.
a. Probate may be requested as a reply to the thread in which the will was posted.
(3) A Magistrate of the District Court shall review the will and grant probate to the executor if requested.
(4) Once probate is granted, the District Court may intervene in the administration of the will where it feels appropriate, or upon request of the executor.

7 - Administration
(1) The appointed executor shall be responsible for the distribution of all assets included within a will.
(2) When the distribution of assets has been completed, the executor shall inform a magistrate of the completion of the assets’ distribution process.
(3) A magistrate may declare the will properly executed or inform the executor of any potential problems that may require attention.

8 - Distribution
(1) All assets are to be bequeathed in accordance with the will of a testator.
(2) Unless included, the/a spouse shall be the beneficiary of all real property owned by the testator.
(3) In the event where real property has not been included in a testator’s will, and the testator has no living spouse, the real property shall be bequeathed by the executor’s discretion.
(4) Unless included, the/a spouse shall be the beneficiary of all personal property owned by the testator.
(5) In the event where personal property has not been included in a testator’s will, and the testator has no living spouse, the real property shall be bequeathed by the executor’s discretion.
(6) The testator, the/a spouse, the executor, or the District Court may reserve personal property and request the Department of Justice to auction the reserved personal property.
a. The reserved personal property that is to be auctioned shall not exceed $20,000 in value.
(7) The testator may choose to leave no more than $5,000 in their balance in a will.

9 - Revocation

(1) The testator may revoke a will in a newer will.
(2) The testator may revoke a will by replying to the thread and stating the revocation of the will.

10 - Intestacy

(1) In the event where a person is legally dead as outlined outside of this Act and has not drafted a will, the following terms shall apply:
a. If the intestate is within a registered marriage, all real property and personal property shall be bequeathed to the person’s spouse(s), unless otherwise provided.
b. If the intestate is not within a registered marriage, the District Court shall inquire into potential known relatives that may be the beneficiary of the estate, unless otherwise provided.
c. If the intestate does not have any relatives that can be the beneficiaries of the person’s estate, the Department of Justice may auction the person’s personal property, and any real property that is not being rented by the intestate at the time of auctioning, unless otherwise provided.
d. The intestate may at any time lay claim to personal property, and real property, succeeding which no personal property or real property may be transferred or bequeathed without the permission of the intestate.
e. All real property owned by an intestate may be subject to Department of Construction and Transportation regulations.

11 - Grandfather Clause

(1) All people that are declared or consider themselves to be dead may create a will in accordance with this Act.
(2) The estate that a legally dead testator can bequeath is the estate that the testator owns at the time of signature of a will.

 

[End]

Far more simplified act already in existence - Act of Congress - Wills Act

 

[Austin27]

Veto

This bill has been vetoed for the following reasons:
- Way over complicates the system, players will be discouraged and won't want to do this.
- The Wills Act already has a way to do all of this.