Legal Definitions - sealed will

A sealed will, also known as a mystic will (from the French testament mystique), is a type of last will and testament that is prepared by the testator (the person making the will) or another person on their behalf, then enclosed in an envelope and formally sealed. The defining characteristic of a sealed will is that its contents remain entirely unknown to the notary public and any witnesses at the time of its formalization. The testator declares to the notary that the sealed envelope contains their last will and testament, but the specific provisions are kept secret. This method ensures maximum privacy regarding the testator's wishes until after their death, when the seal is broken and the will's contents are legally revealed.

Here are some examples to illustrate the concept of a sealed will:

• Example 1: Protecting Sensitive Family Arrangements

  Mr. Davies, a prominent business owner, has a complex family situation involving several stepchildren and beneficiaries from different marriages. He wishes to make very specific and potentially controversial bequests that he fears might cause conflict or undue influence if known before his death. He drafts his will with precise instructions, places it in an envelope, seals it, and then formally presents it to a notary, declaring that it contains his last will and testament. The notary attests to the sealing and Mr. Davies's declaration, but the actual contents remain a secret. This use of a sealed will ensures that the intricate details of his estate distribution are kept confidential, preventing any premature disputes or attempts to alter his wishes during his lifetime.

• Example 2: Maintaining Privacy for a Public Figure

  Ms. Eleanor Vance, a celebrated author, has accumulated significant wealth and intellectual property. She plans to leave a substantial portion of her estate to various charitable foundations and also includes very personal instructions regarding the posthumous publication of her unpublished works. To avoid public speculation, media scrutiny, or pressure from various interest groups, she chooses to create a sealed will. She prepares her detailed will, seals it in an envelope, and presents it to a notary, affirming it as her final testament without revealing its contents. This method guarantees that her private decisions about her legacy and intellectual property will only become public knowledge after her passing, preserving her privacy during her lifetime.

• Example 3: Preventing Undue Influence on Beneficiaries

  Mrs. Anya Sharma, an elderly woman with a close-knit but sometimes competitive family, decides to leave a significant portion of her estate to a long-time caregiver who is not a family member, along with specific instructions for her grandchildren. She is concerned that if her family knew these details beforehand, the caregiver might face harassment, or her grandchildren might be pressured to change their inheritance plans. To protect both her beneficiaries and her own peace of mind, she drafts her will, seals it in an envelope, and formally presents it as a sealed will to a notary. This ensures that the sensitive provisions of her will are kept confidential, preventing any potential interference or conflict among her family members until after her death.