Right To A Last Will
Category: Civil Rights | Strength: Mild
Applauding the many rights and protections that this august and international body grants to and bestows upon all individuals across member nations, but dismayed to see that the right to a last will is not yet guaranteed by law of the General Assembly, and
Cognizant of every individual's right to live a life according to their own free choices, and equally aware of the need for the same to apply to an individual's death and the passing on of their material and immaterial possessions in the form of an inheritance, and thus
Adamant to undo the extant hole in legislation on the subject of last wills, so as to ensure that every individual will be able to pass on in peace, knowing their death will not spark unnecessary strife or conflict over the inheritance that is to be left behind,
The General Assembly hereby:
- Defines for the purposes of this resolution:
- an "estate" as the sum of a natural person's material and immaterial assets, such as but not limited to legal rights, interests, entitlements to property or lands of any kind, hereditary titles of nobility, tenement, and hereditaments; and
- a "will" as a legal declaration in which a natural person specifies the method to be applied in the management and distribution of the entirety of their estate upon the death of that natural person; and
- "legal competence" as the ability to make informed decisions independently as a natural person, who has also attained the legal age of majority in their member state;
- Grants all legally competent individuals in member nations the right to formulate a will on the entirety of their estate, within the confines of the national laws that individual is subject to, and within the scope of previously passed World Assembly resolutions,
- Further grants the inheritor of a natural person's estate the right to freely and without coercion refuse their inheritance, and the ability to appoint a different inheritor along the same conditions as specified under Clause 2, or, if such is applicable due to a lack of legal competence, to have a parent, guardian or caretaker appoint a different inheritor,
- Requires all member nations to ensure that the will of an individual is legally recognised and enacted in its entirety upon that individual's death, within the confines of a member nation's national laws, and extant World Assembly resolutions,
- Prohibits any individual or entity other than the person forming their own will from placing instructions, directions, restrictions, prohibitions, conditions, or any form of coercion on the formation or execution of their will, except in cases where such would be necessary for the prevention or stopping of illegal and/or criminal activities, or to remain compliant with previously passed World Assembly resolutions.
Co-authored with Adezku.