Close Menu
    Facebook X (Twitter) Instagram Pinterest YouTube LinkedIn TikTok
    TopBuzzMagazine.com
    Facebook X (Twitter) Instagram Pinterest YouTube LinkedIn TikTok
    • Home
    • Movies
    • Television
    • Music
    • Fashion
    • Books
    • Science
    • Technology
    • Cover Story
    • Contact
      • About
      • Amazon Disclaimer
      • Terms and Conditions
      • Privacy Policy
      • DMCA / Copyrights Disclaimer
    TopBuzzMagazine.com
    Home»Books»What Murder Mysteries Get Wrong (and Right) about Wills
    Books

    What Murder Mysteries Get Wrong (and Right) about Wills

    By AdminApril 29, 2023
    Facebook Twitter Pinterest LinkedIn Tumblr Email
    What Murder Mysteries Get Wrong (and Right) about Wills

    This content contains affiliate links. When you buy through these links, we may earn an affiliate commission.

    For fans of Agatha Christie and other mystery writers, wills — and trusts to a lesser extent — come up a lot in plots. Greed and jealousy prove extremely good motives for murder. Who inherits, who does not, and any conditions of the will can create endless reasons for one character to off another. Or characters find themselves in unusual positions thanks to conditions of a will or trust.

    Of course, most mystery movie enthusiasts are probably familiar with the central role that a will played in the movie Knives Out. Audiences were confronted with questions about undue influence, slayer statutes, and generalities about writing the will. 

    But how much do mysteries get right and wrong about the laws around wills and trusts? How easy is it to change a will? I reached out to two attorneys and did a lot of research to separate fact from fiction. The first attorney is Tami Kamin Meyer, lawyer and freelance writer in Columbus, OH, and the second is Leslie Karst, a former lawyer and author behind the Sally Solari Mystery Series and recently published Justice is Served: A Tale of Scallops, the Law, and Cooking for RBG.  

    It’s important to note that this article is focusing on the present day United States. Kamin Meyer also pointed out that “As far as amendments, state laws govern wills and estates. So, that is 50 sets of laws.” Some things may be legal in some states but not others.

    movie poster for the 2019 film Knives Out, featuring the whole cast standing under the titlemovie poster for the 2019 film Knives Out, featuring the whole cast standing under the title

    Not a Performance

    Thanks to movies like Knives Out and Agatha Christie novels, one common misconception is that wills are not read aloud, Karst pointed out. “There is never a ‘reading’ of the Will.  That’s ridiculous,” explained Benjamin Ivory, Attorney at Law | The Law Office of Kelly, Kelly, & Kelly, LLC.

    Book Deals Newsletter

    Sign up for our Book Deals newsletter and get up to 80% off books you actually want to read.

    Thank you for signing up! Keep an eye on your inbox.

    By signing up you agree to our terms of use

    Typically, a will itself is often a private document until it is filed. Then it’s in the court record (unless there is a reason for it to be sealed, like if it involves a minor), Karst said. Someone may have to reach out to the beneficiaries, but Karst thinks that’s more likely done through email these days.

    Anthony S. Park, attorney at Anthony S. Park, PLLC, theorized that the reading of a will may have been something from the past. He wrote: “Reading of the will may have been more common in times past. When literacy rates were low, reading a document had its purpose. So too did gathering everyone together at one time.” Maybe that’s why it was so common in Agatha Christie novels!

    But fiction does take liberties with the law. Having everyone gathered together for a reading means that all the possible suspects are together in one room. Plus, it’s a nice way to build tension and drama as people find out if they inherit or not. 

    When There is a Will, There is a Way

    Having someone change a will is a common plot point in many books, whether it’s preventing someone from being written out of the will or adding someone. Or in one book that shall remain nameless, the murderer killed someone before a law went into effect since it would impact their ability to inherit. 

    So how easy is it to make a will in the first place? Actually it’s not that hard, so that rings true. In the state of California, Karst pointed out there are two basic types of wills. The first is a holographic will, which is handwritten and signed by the testator (the person who signs the will). However, not all states recognize such a will. The second, which is probably more common, is printed either by computer or typewriter. This one needs to be signed by the testator and two witnesses, who watched the signing, and then signed it themselves. But Karst points out that people tend to use attorneys because they fear messing something up, which makes sense.

    Amending or changing a will can be done by writing it from scratch or having an addition called a codicil. But what a testator can do depends on the state. Kamin Meyer said, “Some states allow it; some states don’t. Some states require an entire will to be rewritten.”

    But can you disinherit someone like a spouse or a child? Again, it depends on the state. Kamin Meyer, who practices in Ohio, pointed out that in Ohio: “a spouse cannot write their spouse out of their will. Children, yes. Spouse, no.” However, someone may be able to establish a trust to get around it but that’s a whole other article! So while it’s a great motive for murder, you might want to check the state to see if it’s legal or not!

    Time is Money

    Oftentimes, the time between death and the heirs receiving their inheritance is really quick. But wills have to go through probate and that takes time. Kamin Meyer said, “the average is about nine months. It could take several years. It depends if there’s anyone who contests the will.”  

    And anyone can technically contest a will, she noted. “Will contests arise for as many possible reasons as there are people,” Kamin Meyer noted. In her experience, which is not scientific, about one in three wills are contested. In those cases, it can take years for the will to be settled. Testators can put in clauses saying that people who contest the will lose their right to inheritance.

    Once again, the reason that mysteries may speed up the process is again for dramatic effect. Many mysteries take place over a few days, weeks, and months. Waiting years for a will to settle in probate court might drag out a story unnecessarily.

    For Good Reason

    Once again, there are many reasons that mysteries may not get all the particulars right. Karst said “I think that’s partly because mystery authors know that they probably don’t know the law, so they’re leery of putting anything definite down.” Leaving it vague is one way of doing it.

    Another is that the law is not exactly as fast-paced and exciting as it is in fiction. “Too much legal stuff is boring. The law ultimately is really very detailed if you read these statutes,” Karst said. “Explaining to the reader the details of the legality of a will or not, a lot of people’s eyes would glaze over.”

    And finally, Karst pointed out one sobering fact: “Working in probate and trust and estate law is really depressing. Because it’s families bickering over money when a loved one has just died.” So while we can watch fictional people squabble over an inheritance, it’s something completely different to watch it in real life.

    Want more discussion of fact and fiction in mysteries? Here’s a discussion about what mysteries get wrong about the law (in general). And if you want more thoughts on the roles that wills and testaments play in mysteries, check out this post.

    Read The Full Article Here

    Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

    Related Posts

    The Buzziest Books of June | 2025

    June 28, 2025

    Meta Wins Major AI Copyright Suit

    June 27, 2025

    A New Cozy Classic: Detective Aunty Serves Wit, Wisdom and Justice

    June 27, 2025

    Interview with Amy van Rijthoven, Author of Shadows and Black in the Light

    June 26, 2025

    Daisy Edgar-Jones Has Been Cast to Star in Sense and Sensibility

    June 26, 2025

    A Bold Heroine Rides Into History| BookTrib.

    June 25, 2025
    popular posts

    What to Watch: Fatal Attraction, Queen Charlotte, Silo

    Manu Atelier’s More Affordable It Bag Has Seriously Impressed Me

    Library Bomb Threats Continue to Increase: Book Censorship News, August

    Beyond the Heart Podcast: Understanding The Other Side of Divorce

    Chicago PD Season 12 Episode 14 Review: Flueger and Coleman Wreck Us in Emotional Hour

    Wine Is Getting Pricier Thanks to a Logistical Nightmare

    One Perfect Couple: Ending & Explanations

    Categories
    • Books (3,253)
    • Cover Story (2)
    • Events (18)
    • Fashion (2,422)
    • Interviews (43)
    • Movies (2,553)
    • Music (2,831)
    • News (154)
    • Science (4,403)
    • Technology (2,546)
    • Television (3,275)
    • Uncategorized (932)
    Archives
    Facebook X (Twitter) Instagram Pinterest YouTube Reddit TikTok
    © 2025 Top Buzz Magazine. All rights reserved. All articles, images, product names, logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement unless specified. By using this site, you agree to the Terms of Use and Privacy Policy.

    Type above and press Enter to search. Press Esc to cancel.

    We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
    Do not sell my personal information.
    Cookie SettingsAccept
    Manage consent

    Privacy Overview

    This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
    Necessary
    Always Enabled
    Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
    CookieDurationDescription
    cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
    cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
    cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
    cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
    cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
    viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
    Functional
    Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
    Performance
    Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
    Analytics
    Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
    Advertisement
    Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
    Others
    Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
    SAVE & ACCEPT