You Need To Cancel Your Will! Now!!

What You Think Your Will Does vs. What It Actually Does

You have a will. Or you're planning to make one. Everyone tells you it's responsible. It's what adults do. It protects your family. It ensures your wishes are followed after you die.

But what if everything you've been told about wills is wrong?

What if your will doesn't protect your family at all? What if it actually hands control of everything you've worked for to the state? What if it's designed to extract from your estate and give the government authority over property they have no legitimate claim to?

What if there's a completely different way to handle what happens after you die? A way that actually protects your family? A way that keeps the state's hands off your property? A way that avoids taxation and probate and state control entirely?

This article will show you what your will really does. And why you need to cancel it immediately and replace it with something that actually serves you and your family instead of the state.

What You Think Your Will Does

Most people believe a will is a set of instructions for what happens to your property after you die. You write down who gets what. You sign it. Maybe you get it witnessed or notarized. And then when you die, your property goes to the people you named. Simple. Clear. Your wishes are followed.

You believe the will gives you control. You believe it protects your family. You believe it ensures your property goes where you want it to go. You believe it's your final say on what happens to everything you've worked for.

You might know there's something called probate. Some legal process. Maybe some paperwork. But you think it's just administrative. Just the courts making sure everything goes according to your will. Just the system honoring your wishes.

You might know there's inheritance tax. But you think that's just how it is. Death and taxes, right? Inevitable. The government needs its cut. Nothing you can do about it.

This is what you've been taught to believe about wills. This is what lawyers tell you. What financial advisors recommend. What everyone assumes is true.

But it's not true. Not even close.

What Your Will Actually Does

Here's what your will actually does. And this might be disturbing to realize.

Your will is not a set of binding instructions. It's a request. A request to the state. A request that they please distribute your property according to your wishes.

But it's just a request. The state doesn't have to follow it. The state has full control. Full authority. Full discretion.

When you die, if you have a will, here's what happens:

Your estate goes into probate. Probate is a court process where the state takes control of everything you owned. Everything. Your house. Your bank accounts. Your possessions. Your investments. Everything registered in your name.

The state takes inventory. The state values everything. The state determines what debts exist. The state decides what taxes are owed. The state pays those taxes and debts from your estate. The state decides how to interpret your will. The state decides if your will is valid. The state decides if any challenges to your will are legitimate. The state decides when and how to distribute what's left.

Your will gave them this power. By making a will, you acknowledged the state's authority over your property. You submitted your wishes to the state for approval and implementation. You made your property subject to probate jurisdiction.

And probate is not free. The court charges fees. Often a percentage of the estate value. Your family has to pay lawyers to navigate the process. More fees. More costs. All extracted from what you thought you were leaving to your family.

And inheritance tax. If your estate is over a certain threshold, the state takes a percentage. Forty percent in many cases. Forty percent of everything you worked for. Everything you already paid tax on when you earned it. Taxed again because you died.

Your will made all of this possible. Your will gave the state the authority to do this. Your will is what triggers probate and taxation and state control.

This is not what you thought you were signing up for, is it?

The Person Mechanism at Death

To understand why this happens, you need to understand something about how the system treats you and your property.

Remember the person versus living being distinction? The legal person created by birth registration, which is separate from you, the living being? This becomes crucial at death.

During your life, property is registered in your name. Houses, bank accounts, cars, investments. All in the name of the legal person. That's the only way the system allows you to hold property. It has to be registered to the legal person.

Most people never separate beneficial interest from legal title. They assume that having their name on the title means they own it. Legally and beneficially. They never establish that the legal person holds bare legal title only, while beneficial interest vests elsewhere.

So the assumption throughout their life is: the person holds both legal title and beneficial interest. The person owns the property. Completely.

Then the person dies.

And here's what happens: when the legal person dies, the state presumes it has the right to control what happens to everything that person owned.

Why? Because the state created the person. The state registered the birth. The state issued the documents. The state maintains the records. The person exists within the state's system.

And when something the state created ceases to exist, the state claims authority over what that thing held.

Think of it like a company. A company is a legal person. When a company is dissolved, the state has authority to wind up its affairs, settle its debts, distribute its assets according to its constitution or the law.

The same principle applies to the individual legal person. When the person dies, the state claims authority to wind up the estate, settle debts, distribute assets.

And if there's a will, the will acknowledges this authority. The will says: "State, please distribute my property according to these wishes." By asking the state to do this, you're confirming the state has the authority to do it.

But here's the question that should be asked but never is: did the person actually own the property beneficially? Or did it only hold legal title while beneficial interest vested elsewhere?

Because if beneficial interest never transferred to the person, then the person dying shouldn't give the state control over beneficial interest. The person was just a name on documents. A bare trustee. An empty title holder.

Beneficial interest would still vest in whoever actually holds it. The living being. Or a trust. Or however it was properly structured.

But this question is never asked. The system presumes the person held beneficial interest. The system presumes the state has authority. And your will confirms that presumption.

Beneficial Interest: What Never Transferred

Let's go back to basics. Beneficial interest means the actual ownership, use, enjoyment, and benefit of property. Legal title means the formal registration, the name on documents.

These can be separated. Often are separated. In trusts, for example. Trustee holds legal title. Beneficiary holds beneficial interest.

For transfer of beneficial interest to occur lawfully, there must be:

• Clear intention to transfer

• Identified property being transferred

• Identified recipient of the beneficial interest

• Proper formality (usually written instrument)

This is established trust law. Knight v Knight. The three certainties. Required for valid transfer.

Now ask: when did you transfer beneficial interest in your labour, your property, your assets to the legal person that bears your name?

When did you execute an instrument saying: "I hereby transfer beneficial interest in all my property to the legal person [YOUR NAME]"?

You didn't. No such instrument exists. You never made such transfer. It was never done.

What happened is: you worked. You earned. You bought things. And you registered them in your name because that's how the system requires registration. But registration in a name doesn't transfer beneficial interest to that name. Registration is legal title. Beneficial interest is separate.

You hold the beneficial interest. You, the living being. The one who actually worked, actually earned, actually paid for things. The legal person is just the name used for registration purposes.

This means the legal person holds bare legal title. Nothing more. You hold beneficial interest.

And if beneficial interest was never transferred to the legal person, then the legal person dying doesn't trigger the state's right to control beneficial interest.

Beneficial interest remains where it always was. With you. The living being. Or with whoever you properly transferred it to through valid instrument.

The person dying is irrelevant to beneficial interest. Because the person never held it.

But the system doesn't work this way. Why not?

Because no one ever asserts this. No one ever establishes it. No one ever creates the instrument showing beneficial interest was held separately. No one ever declares the resulting trust that actually exists.

So the state presumes. Presumes the person held beneficial interest. Presumes the state has authority. Presumes probate jurisdiction. Presumes taxation applies.

And your will confirms that presumption. Your will treats the person as the beneficial owner. Your will asks the state to distribute "your" property. Your will acknowledges state authority.

Your will is built on a false presumption. And it makes that presumption binding.

Resulting Trust: What Actually Exists

In equity, when there's been no valid transfer of beneficial interest, a resulting trust arises automatically by operation of law.

A resulting trust says: beneficial interest remains with or returns to the original holder. The person who actually provided the value. The person who actually paid for the property. The person who actually holds the beneficial interest.

In this case, that's you. The living being. You worked. You earned. You paid. Beneficial interest is yours.

The legal person is just the name on documents. Bare legal title holder. Bare trustee.

This is the actual legal relationship. Not because you created it deliberately. But because it exists by operation of law when beneficial interest was never validly transferred.

This resulting trust should govern what happens when the legal person dies. Beneficial interest, held by you the living being, doesn't die when the person dies. You might die too, obviously, as a living being. But that's separate from the person dying.

And when the living being dies, beneficial interest doesn't automatically go to the state. It goes according to however you directed it. Through a properly structured trust. Through proper transfer before death. Through whatever valid arrangement you made.

But this only works if the resulting trust is recognized. Declared. Established formally.

If it's not, the state will continue to presume the person held beneficial interest. Will continue to claim authority. Will continue to extract through probate and taxation.

Your will doesn't establish the resulting trust. Your will contradicts it. Your will treats the person as the beneficial owner and asks the state to distribute accordingly.

This is why you need to cancel your will and establish an express trust instead.

Three Types of Trust After Death

There are three ways property can be held in trust after someone dies. Understanding the differences is crucial.

Statutory Trust (Created by Will):

When you make a will, you create a statutory trust. This is a trust that operates under statute. Under state law. Under probate jurisdiction.

The will is submitted to probate court. The court oversees the trust. The court appoints executors to administer it. The court supervises distribution. The court resolves any disputes. The court ensures taxes are paid. The court ensures debts are settled.

Everything is visible to the state. Everything is under state control. Everything is subject to taxation. Everything goes through the probate process.

The statutory trust is designed to benefit the state. Not your family. The state extracts fees. Taxes. Court costs. Legal fees. All before your family sees anything.

And the state has full authority. Your wishes as expressed in the will are just requests. The state can override them if it determines there's good reason. Challenges to the will give the state even more control and extract even more fees while it resolves them.

This is what your will creates. A statutory trust. Under state control. For state benefit.

Resulting Trust (Exists by Operation of Law):

A resulting trust, as explained above, exists automatically when beneficial interest was never validly transferred.

You hold beneficial interest. The person holds bare legal title. The person dying doesn't transfer beneficial interest to the state. Beneficial interest remains with you or passes according to your direction.

But the resulting trust needs to be declared. Recognized. Established formally. Otherwise the state won't acknowledge it. The state will continue to presume the person held beneficial interest and will claim authority accordingly.

You can declare the resulting trust. Assert that beneficial interest never transferred. Show that the person was always bare trustee. Establish that beneficial interest vests in you and passes according to your trust deed, not according to probate.

This is better than a will. But there's something even better.

Private Express Trust (Created by Declaration):

A private express trust is created intentionally. By declaration. By trust deed. By you, as settlor, establishing that certain property is held in trust for certain beneficiaries with certain terms.

You create the trust. You define its terms. You appoint trustees (often yourself initially). You name beneficiaries. You specify how property is managed and distributed.

And critically: you make it private and unregistered.

Private means: not public. Not visible to the state. Not registered anywhere the state can see. Not subject to state supervision or control.

Unregistered means: not on any government database. Not filed with any court. Not declared to any authority. Completely outside the statutory system.

A private express unregistered trust operates in equity. Under trust law. Not under statute. Not under state control.

When you die, the trust doesn't die. Trusts don't die. They continue. They're separate from any person. They're separate from any living being.

The trustee continues to manage the trust. Or a successor trustee takes over as specified in the trust deed. The beneficiaries continue to receive benefits as specified. Distribution occurs according to the trust terms, not according to probate.

No probate. No court involvement. No state control. No inheritance tax (if structured correctly). No fees extracted. No delays. No state authority.

The trust operates privately. Continues operating. Distributes according to its own terms. Completely outside the state system.

This is what actually protects your family. This is what actually ensures your wishes are followed. This is what actually keeps the state's hands off your property.

Comparing the Three

Let's look at what happens with each approach when the living being dies:

With a Will (Statutory Trust):

Person dies. Will is submitted to probate. Estate frozen. Court takes control. Inventory taken. Valuation done. Debts identified. Taxes calculated. Inheritance tax deducted (often 40%). Probate fees deducted (percentage of estate). Legal fees paid. Court fees paid. Challenges dealt with (more fees). Executor appointed by court (has to follow court rules). Months or years pass. Finally, what's left (often much less than original estate) is distributed according to will (if court agrees) to beneficiaries.

State controls everything. State extracts heavily. Family waits. Family pays. Family gets what's left.

With Resulting Trust Declared:

Person dies. Trust deed shows person was bare trustee only. Beneficial interest never transferred to person. Beneficial interest vests in trust beneficiary. Person dying is irrelevant to beneficial interest. Trust continues. No probate (if properly structured). No inheritance tax on beneficial interest (it never vested in person). Trustee continues managing. Or successor trustee takes over. Distribution according to trust terms. No state involvement (if properly structured and asserted).

Much better. But requires actively asserting and proving the resulting trust existed. Requires challenging state presumptions.

With Private Express Unregistered Trust:

Person dies. Irrelevant. Person was always just bare trustee for trust property. Trust continues. Trust is separate entity. Trustee continues. Or successor trustee appointed per trust deed. No probate. No court. No state visibility. No inheritance tax on trust property (structured correctly). Distribution according to trust terms on trust timeline. Beneficiaries receive according to trust deed. Everything private. Everything outside state system.

Clean. Simple. Private. Effective. Actually protects family. Actually follows your wishes. Actually avoids extraction.

The differences are stark. The will serves the state. The trust serves you and your family.

How Wills Enable State Control and Extraction

Let's be very clear about what your will does for the state.

Probate Jurisdiction:

Your will gives the probate court jurisdiction over your estate. By making a will, you're saying: "Court, please oversee my estate." You're inviting state involvement. You're submitting to state authority.

Without a will, the state still claims authority through intestacy laws. But with a will, you're actively confirming that authority. You're making it easier for them. You're cooperating with it.

Inheritance Tax:

Inheritance tax only applies to estates. Estates are what go through probate. Probate happens when the person dies with property registered in their name and no proper trust structure separating beneficial interest.

Your will ensures probate happens. Ensures an estate exists for tax purposes. Ensures the state can calculate and extract inheritance tax.

A properly structured private trust avoids this. The person doesn't hold beneficial interest. The person dying doesn't create an estate to tax. The trust continues. The property was always trust property. No inheritance event. No tax.

Visibility and Control:

Your will becomes a public document. Filed with the court. Visible to anyone who looks. The state knows exactly what you had. Exactly who's getting it. Exactly what it's worth.

This visibility enables control. Enables taxation. Enables extraction. Enables challenges (which generate more fees).

A private trust is private. Not filed. Not visible. Not on any public record. The state doesn't know it exists. Doesn't know what property is in it. Doesn't know who the beneficiaries are. Can't tax what it can't see. Can't control what it doesn't know about.

Authority to Override:

Your will gives the state authority to determine if your wishes are valid, reasonable, legal. The state can override your will if it determines there's sufficient reason.

Challenges to the will give the state even more authority. More control. More time. More fees extracted.

A private trust doesn't give the state any such authority. The trust deed controls. The trustees implement the trust terms. No court approval needed. No state authority to override. The trust is sovereign within its own structure.

Delays and Fees:

Probate takes time. Months. Often years. During this time, the estate is frozen. Your family can't access it. Can't sell property. Can't use assets. They wait while the state processes everything.

And fees accumulate. Court fees. Legal fees. Executor fees. Valuation fees. All percentages. All extracted from the estate. All reducing what your family receives.

A private trust avoids all of this. The trust continues operating immediately. Trustees have authority to act immediately. Beneficiaries can receive distributions according to trust terms immediately. No delays. No frozen assets. No fees to courts or lawyers (beyond what you choose to pay for trust administration, which is far less).

Everything your will does benefits the state. Nothing your will does actually serves you or your family better than a private trust would.

The Person Deception at Death

The reason wills work this way, the reason the state has this control, is because of the person deception.

You lived your life thinking you were the person. Thinking your name and you were the same thing. Thinking property registered in your name was yours, completely, legally and beneficially.

You never separated legal title from beneficial interest. Never established that the person was bare trustee. Never declared the resulting trust. Never created an express trust.

So at death, the state treats the person as having owned everything. Treats the person's death as an event that triggers state authority. Treats the estate as subject to state control.

And your will confirmed this. By writing a will, you treated the person as the owner. You directed distribution of "your" property. You submitted to state authority to implement your directions.

You participated in the deception. Unknowingly. But you participated.

And the state benefits. Massively. Billions extracted every year through probate and inheritance tax. All made possible because people don't understand the person mechanism. Don't separate beneficial interest. Don't use trusts properly.

This is why you need to cancel your will. Because your will is built on the person deception. Your will treats fiction as reality. Your will gives the state authority it shouldn't have. Your will enables extraction that shouldn't occur.

What You Need to Do Instead

The solution is clear. Cancel your will. Establish a private express unregistered trust. Transfer all your property into the trust. Live your life with the trust holding beneficial interest and the person (or trust-owned company) holding bare legal title.

Here's how it works:

Create the Trust:

Execute a trust deed. Declare yourself as settlor (the one creating the trust). Appoint yourself as trustee (the one managing trust property). Name yourself as beneficiary initially (the one receiving benefits). Name successor trustees (who take over when you die). Name ultimate beneficiaries (who receive after you're gone).

Make the trust private. Don't register it anywhere. Don't file it with any court or government body. Keep it completely private.

Make the trust irrevocable. This is important for tax purposes. An irrevocable trust is separate from you for tax purposes.

Transfer Property to the Trust:

Property can be held in a few ways:

Option 1: Direct trust ownership. Property registered to "[Your Name], Trustee of [Trust Name]". This makes the trust visible on the property title. More transparent but less private.

Option 2: Company as bare trustee. Create a company. Vest the company in the trust as trust property. The company holds bare legal title to assets. The trust holds beneficial interest in everything. Property registered to company name. Trust remains private. Company is just a bare trustee administered by the trust.

Option 3: Person as bare trustee. Declare that all property registered in your person name is held by the person as bare trustee only. Beneficial interest vests in the trust. Property stays registered to person name but trust deed establishes the person is bare trustee.

Any of these work. Option 2 (company as bare trustee) is often best for privacy and clean structure.

Trust Terms:

Your trust deed specifies:

• How trust property is managed during your life (you as trustee manage it)

• What income or benefits you receive (typically you as beneficiary receive all benefits during your life)

• Who becomes trustee when you die (successor trustee you name)

• How property is distributed after you die (according to your terms, to your named beneficiaries, on your timeline)

• Any conditions or restrictions (up to you)

These terms are binding. They control what happens. Not a court. Not the state. Your trust deed.

What Happens When You Die:

When you (the living being) die:

The person may die too (if it's in your birth name). Irrelevant. The person was always just bare trustee. The person dying doesn't affect beneficial interest.

The trust continues. Trusts don't die. They're separate entities. They continue indefinitely or until their terms specify they end.

The successor trustee you named takes over. Starts managing the trust according to trust deed terms.

Distribution happens according to trust deed. On the timeline you specified. To the beneficiaries you named. With any conditions you set.

No probate. The trust didn't die. There's no estate to probate. The property was always trust property. The trust continues holding it and distributing it according to its terms.

No court. No state involvement. No public filing. Everything private. Everything according to your terms.

No inheritance tax (if structured correctly). The property was always trust property. It never vested in the person. The person dying didn't transfer it. The trust continuing to hold it and distribute it isn't an inheritance event. No tax.

Your family receives what you wanted them to receive. When you wanted them to receive it. How you wanted them to receive it. Without the state taking forty percent. Without delays. Without fees. Without court involvement.

This is what actually serves your family. This is what actually protects what you've built. This is what actually ensures your wishes are followed.

Why You Must Cancel Your Will Now

If you have a will, it needs to be cancelled. Destroyed. Revoked. Immediately.

Why? Because even if you create a trust, if you still have a will, the will can be used to claim you intended the property to go through probate. The will contradicts the trust structure. The will can be used against your family.

Cancel the will. Revoke it in writing. Destroy all copies.

Then create the trust. Establish it properly. Transfer property into it. Live with the trust structure from now on.

Don't wait. Don't think you have time. No one knows when they'll die. The whole point of planning is to plan before death, not after.

Every day your will exists, it's a liability. A trap set for your family. A mechanism for state extraction waiting to be triggered.

Every day without a proper trust structure, your property is vulnerable. Subject to probate. Subject to taxation. Subject to state control.

Cancel the will. Create the trust. Do it now.

Common Questions

"But my lawyer said I need a will."

Your lawyer makes money from probate. From estates. From wills. They have a financial interest in you having a will. They're trained in the statutory system. They don't typically understand or use private trusts for ordinary people (they reserve that for wealthy clients).

Trust a lawyer who profits from your will being used after you die? Or trust the legal principles that show wills serve the state?

"But won't the state challenge a private trust?"

The state can't challenge what it doesn't know exists. That's why private and unregistered is crucial. The state doesn't know about the trust. Doesn't know what property is in it. Doesn't know it exists.

If the state somehow finds out, the trust is still valid. Trust law is well established. Private trusts are legal. The state would have to prove the trust is a sham or invalid. If it's properly created and actually operates as a trust, the state has no grounds to challenge.

"But I want my children to get everything immediately."

You can specify that in the trust deed. Immediate distribution to children upon your death. Your choice. Your terms.

Or you can specify gradual distribution. At certain ages. Upon certain conditions. Whatever you want. The trust gives you flexibility. Far more than a will, which just says who gets what and then the state controls when and how.

"But what if I want to change my mind later?"

You can amend the trust (if it's set up to allow amendments). You can create a new trust and transfer property to it. You're not locked in forever.

But the basic structure of trust holding beneficial interest should remain. Don't go back to having everything in the person name with a will. That's going backwards into the trap.

"But inheritance tax is just inevitable."

No, it's not. It's only inevitable if you structure things to trigger it. If property vests in the person beneficially. If the person dies holding beneficial interest. If probate happens. If an estate exists to tax.

Structure things differently - beneficial interest in trust, person as bare trustee only - and the inheritance event doesn't occur. No tax.

This is what the wealthy do. They use trusts. They separate beneficial interest. They avoid inheritance tax legally. You can too. You just were never taught how.

"But this seems complicated."

It's less complicated than probate. Far less. Probate is months or years of court processes, filings, valuations, tax returns, legal proceedings.

A trust is: create trust deed, transfer property, live your life, die, trust continues, successor trustee distributes according to terms. Simple.

It seems complicated only because you've never been taught it. Because the system doesn't want you to know about it. Because lawyers profit more from wills than trusts.

But it's not actually complicated. And it's far simpler than what your family will go through with probate if you don't do this.

The Bottom Line

Your will doesn't serve you. It doesn't serve your family. It serves the state.

Your will triggers probate. Enables inheritance tax. Gives the state control. Causes delays. Extracts fees. Reduces what your family receives.

Your will is built on the person deception. Treats the person as beneficial owner when it's not. Confirms state authority when they shouldn't have it. Enables extraction based on false presumptions.

A private express trust serves you. Serves your family. Keeps the state out.

A trust holds beneficial interest separately from legal title. Continues after death. Avoids probate. Avoids inheritance tax (structured correctly). Operates according to your terms. Distributes according to your wishes. Keeps everything private. Protects your family.

The wealthy have always known this. They've always used trusts. They've avoided inheritance tax for generations. They've kept their property private and protected.

You were never taught this. You were taught to make a will. To participate in probate. To pay inheritance tax. To accept state control as inevitable.

But now you know. Now you understand. Now you see the trap and the way out.

Cancel your will. Create a private express trust. Transfer your property into it. Protect your family. Keep what you've built. Avoid the extraction.

Do it now. Don't wait. Don't delay. Don't let another day pass with a will waiting to trap your family and enrich the state.

Your family deserves what you've worked for. All of it. Not what's left after the state extracts forty percent and probate costs.

Give them what they deserve. Cancel your will. Create the trust.

It's time.

This article is based on established principles of trust law, equity, and property law. The use of private express trusts for estate planning is legal and well-established. Inheritance tax is avoidable through proper structuring. This is not legal advice for your specific situation - do the course to fully understands trust law and equity (not just wills and probate) and for guidance on implementing these structures.