Refimprove date November 2007 Mergefrom Moosi date July 2009 Wills, trusts, estates A testator is a person who has written and executed a Will law last will and testament that is in effect at the time of his her death. ref http dictionary.law.com default2.asp?typed testator&type 1&submit1.x 72&submit1.y 6 Law dictionary on line ref It is any person who makes a will. ref name Gordon Gordon Brown, Administration of Wills, Trusts, and Estates , 3d ed. 2003 , p. 556. ISBN 0 7668 5281 4. ref Related terms A female testator is sometimes referred to as a testatrix , particularly in older cases. ref name Gordon The adjective adjectival form of the word is testamentary , as in Testamentary capacity , or mental capacity or ability to execute a will and Testamentary disposition , or gift made in a will see that article for types . A will law will is also known as a last will and testament . Testacy means the status of being testate , that is, having executed a will. The property of such a person goes through the probate process. Intestacy means the status of not having made a will, or to have died without a valid will. The estate of a person who dies intestate , undergoes administration of an estate on death administration , rather than probate. The attestation clause of a will is where the witnesses to a will attest to certain facts concerning the making of the will by the testator, and where they sign their names as witnesses. References reflist Category Wills and trusts Category Common law law term stub cs Z stavitel pl Spadkodawca ... more details
Uniform Probate Code , any devisee who dies within 120 hours after the testator is legally considered to have died before the testator. In such jurisdictions, only a devisee who survives more than 120 hours after the testator is considered to have met this statutory survival test. Anti ..., usually members of the testator s immediate family, if those family members had descendants ... to that beneficiary. The testator can prevent the operation of an anti lapse statute by providing that the gift will only go to the named beneficiary if that beneficiary survives the testator, or by simply ... part of the residuary estate who predeceases the testator, and that beneficiary is not covered ... more details
Unreferenced date December 2009 Wills, trusts, estates The doctrine of acts of independent significance at common law permits a testator to effectively change the disposition of his property without changing a will, if acts or events changing the disposition have some significance beyond avoiding the requirements of the will. The doctrine is frequently applied under the following two circumstances The testator devises assets to a class of beneficiaries where the testator controls membership. For example, Joey leaves the contents of his bank account to my employees. If Joey then fires some of old employees and hires new ones, the new employees will inherit the contents of the bank account under this provision. The testator devises a general type of property, and then changes the specific items of property within that category. For example, Joey writes in his will, I leave my car to Rachel . Joey drives a 1974 AMC Gremlin at the time of the testamentary instrument, but later sells the Gremlin and purchases a 2009 Rolls Royce Phantom Drophead Coup with suicide door s and teak paneling. Because Joey bought a new car to get a more comfortable ride, rather than to change a will without going through the testamentary formalities, the gift to Rachel remains enforceable. DEFAULTSORT Acts Of Independent Significance Category Wills and trusts Law term stub ... more details
that a testator who disinherited his daughters because he believed them to be witch es was not for that reason ... if these people s beliefs did not render them insane, neither did the testator s. ref Addington ... of Oklahoma held that a testator who declared that he had no children and no deceased children in his will, when he actually had two living children, was suffering from an insane delusion, as the testator ... more details
against their inheritance an inter vivos gift from the testator of an amount equivalent to what the pretermitted ... might provide is the pretermitted spouse , whom the testator does not marry until after the execution ... intestate share what she would have received had the testator died with no will , or the elective ... of the marriage. A pretermitted spouse may also disclaim any interest in the testator s estate through ... more details
s request. Cquote Marriage of the plaintiff at the testator s express request would be no doubt an ample consideration. But marriage of the plaintiff without the testator s request is no consideration to the testator. It is true that marriage is or may be a detriment to the plaintiff but detriment to the plaintiff is not enough, unless it either be a benefit to the testator, or be treated by the testator as such by having been suffered at his request. Suppose a defendant to promise a plaintiff ... it have been a binding promise if, the testator had said I will give you 100l. a year while you ... request by the testator. Now, the testator in the case before the court derived, so far as appears ... Was the marriage at the testator s request? Express request there was none. Can any request ... that the marriage had already been agreed on, and that the testator knew it. These words, therefore, seem to me to import no more than the satisfaction of the testator at the engagement, an accomplished ... that the testator s implied request, if it could be implied, or his promise, if that promise alone ... can be said to have taken place at the testator s request? Or, in other words, in consequence ... under a moral but under a legal objection to marry and the testator knew it. The well known cases ... by alleging in the replication to the fourth plea that he married relying on the testator s promise but he shrinks from alleging, that, though he had promised to marry before the testator s promise to him, nevertheless he would have broken his engagement, and would not have married without the testator ... to do his duty without those encouragements. At the utmost the allegation that he relied on the testator s promise seems to me to import no more than that he believed the testator would be as good as his ... more details
Context date July 2009 Mergeto Testator date July 2009 for the village in Estonia Moosi, Estonia In Islam , a Moosi testator is someone who has signed up for Wasiyyat or a will, under the plan initiated by the Promised Messiah, thus committing a portion, not less than one tenth, of his lifetime earnings and any property to a cause. ref Name Khairallah cite book title The law of inheritance in the Republics of Syria and Lebanon last Khairallah first Ibrahim A. authorlink Ibrahim A. Khairallah coauthors year 1941 publisher American Press location Original from the University of Michigan isbn page 228 258 pages 343 url http books.google.com books?client firefox a&id T5TGAAAAMAAJ&dq Islam Moosi&q Moosi search anchor ref References reflist Category Islamic terms Islam stub ... more details
Unreferenced date August 2007 Wills, trusts, estates A testamentary disposition is any gift of any property by a testator under the terms of a will law will . Types Types of testamentary dispositions include Gift law , assets that have been legally transferred from one person to another Will law Legacy , testamentary gift of personal property, traditionally of money but may be real or personal property Life estate , a concept used in common and statutory law to designate the ownership of land for the duration of a person s life Demonstrative legacy, a gift of a specific sum of money with a direction that is to be paid out of a particular fund See also Testator References references Category Wills and trusts Category Inheritance Category Common law law term stub ... more details
wiktionary disposition A disposition is a tendency to act in a specified way. Disposition may also refer to Disposition harpsichord , the set of choirs of strings on a harpsichord Disposition song Disposition song , a 2001 progressive metal song by Tool band Tool Testamentary disposition , any gift of any property by a testator under the terms of a will See also Disposal disambiguation Dispose Dispositionalism Dispositionality disambig cs Dispozice de Disposition et Dispositsioon fr Disposition ru sv Disposition ... more details
Unreferenced stub auto yes date December 2009 Wills, trusts, estates A will contract is a term used in the law of will law wills describing a contract to exchange a current performance for a future bequest. In such an agreement, one party the promisee will provide some performance in exchange for a promise by the other party the testator , because they must draft a will to make a specific bequest to the promisee party in the testator s will. Most jurisdictions recognize such contracts as valid, although a few hold them as void against public policy . Some jurisdictions will not recognize an oral contract for such a purpose, requiring instead that the contract be executed in writing and signed by both parties. The general rule, where such contracts are recognized, is that the promisee can not specific performance specifically enforce the contract if the testator later revokes or supersedes the will making the promised bequest, but can only sue the testator s estate for breach of contract. This protects the testator s very strong freedom to dispose of his property however he sees fit. For example, suppose Joey agrees to execute a will bequeathing his house to Rachel in exchange for services provided by Rachel. If Joey later revokes that will, Rachel can not force Joey s estate to convey the house to her, but can only sue for the value of the house. Typically, will contracts are made between people who have different heirs to whom they wish to leave their property at death, but they may wish for the other person to have the use of until all of their combined assets until the death of the second to die. A married couple with children from an earlier marriage is a good example. The husband may leave his separate estate to his wife at his death, instead of directly to his children from his earlier marriage and in exchange, she may agree to combine his separate estate with her separate estate at her death and split the combined estate up between all of their children. It w ... more details
declaration by which a person, the testator, names one or more persons to manage his her estate ... that is effective only after the death of the testator. Requirements for creation Any person over the age ..., but generally include the following requirements The testator must clearly identify himself or herself .... The testator should declare that he or she revokes all previous wills and Codicil will codicils ... will is considered completely revoked by implication. The testator may demonstrate that he .... The testator must sign and date the will, usually in the presence of at least two disinterested ... as to the clauses that benefit him or her for instance, in Illinois . The testator s signature ... that ignoring it would defeat the testator s intentions. One or more beneficiaries devisees, legatees ... of the will. Some jurisdictions recognize a holographic will , made out entirely in the testator s own hand, or in some modern formulations, with material provisions in the testator s hand. The distinctive feature of a holographic will is less that it is handwritten by the testator and often ... of the testator s estate. In the United States, children may be disinherited by a parent s will, except ... limited to sailors or military personnel holographic will written in the hand of the testator in many ... of the testator. ref http www.azestatelawyers.com article statutory requirements holographic ... is unnamed will in solemn form signed by testator and witnesses Probate main Probate see also Administration of an estate on death Probate court After the testator has died, a probate proceeding may be initiated in court to determine the validity of the will or wills that the testator may ... of jurisdictions ndash even the most accurate photocopy will not suffice. It is a good idea that the testator ... of a will by the testator will revoke it, through deliberately burning or tearing the physical ... ignore the attempt or hold that the entire will was actually revoked. A testator may also be able ... more details
accept typed wills annotated by the testator in his own hand with adopted as holograph immediately ... provisions of the Will are in the handwriting of the testator. Section 75 2 503 References reflist ... more details
generally requires that the testator was aware of The extent and value of their property The persons ... the challenging party meets the Legal burden of proof burden of proof that the testator did not possess ... and convincing evidence that the testator did have the requisite capacity. Proof of testamentary ... often arrange for a will execution to be video tape d. On video, they ask the testator about his property and about his family, and go over the contents of the testator s will. Along with resolving ... email, letters and other records. Even when a testator are found to have lacked testamentary ... illness infirmity or insanity , courts will sometimes rule that the testator had a temporary period ... more details
succession means, that heirs enter into the legal position regarding property rights of the testator ... rights of the testator. Digital data can constitute subjective rights e.g. copyright regarding a manuscript of the testator . However, the majority of digital data won t be a subjective property right ..., the testator must have possessed these data. Possession again is usually related to objects, which ... as digital data is saved on a data medium of the testator, such digital data is adducted by the possession of the medium as an objective. Of course this is not the case if the testator has transferred ... . In such a case, it is crucial, that the testator has had access to the digital data e.g. online ... provider, falls into the descendant s estate, as far as the testator has had access and the digital data isn t cleared with the testators death. If the testator doesn t want the ordinary inheritance ... whether the testator can by means of testamentary disposition assure, that only the assignee does notice ... as heirs. Not even a declared will of confidentiality of the testator is preferential to the information ... heir if the digital data has monetary value . All the same the testator can partially assure ... more details
Wills, trusts, estates A residuary estate , in the law of will law wills , is any portion of the testator s estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails. http www.nolo.com definition.cfm Term DB9F6C78 01F8 4A95 8B7DC729C0CEE3D4 alpha R http definitions.uslegal.com w wills residuary estate It is also known as a residual estate or simply residue . The will may identify the taker of the residuary estate through a residuary clause or residuary bequest . The person identified in such a clause is called the residuary taker , residuary beneficiary , or residuary legatee . If no such clause is present, however, the residuary estate will pass to the testator s heirs by intestacy . At common law, if the residuary estate was divided between two or more beneficiaries, and one of those beneficiaries was unable to take, the share that would have gone to that beneficiary would instead pass by intestacy, under the doctrine that there was no residuary of a residuary . The modern rule, however, is that the failure of a residuary gift to one beneficiary causes that beneficiary s share to be divided among the remaining residuary takers. Unreferenced date November 2007 Category Wills and trusts law term stub ... more details
Wills, trusts, estates Incorporation by reference is the act of including a second document within another document by only mentioning the second document. ref cite book title Black s Law Dictionary editor Bryan A. Garner publisher West Group location St. Paul, MN date 2001 edition 2nd pocket pages 341 isbn 0314257918 ref This act, if properly done, makes the entire second document a part of the main document. Incorporation by reference is often done in creating laws as well as in contract law and trust and estate law. In law regarding wills, it is a doctrine at common law which allows a testator, or a creator of a will, to dispose of assets in his estate in accordance with a separate document. To be valid, such a document must comply with the following requirements it must have existed at the time the will was executed the will must describe the document with particularity, so that it may be identified and the will must clearly manifest the intent that the document be incorporated. An exception to the first requirement is made for small gifts of tangible personal property , such as household furniture and items of sentimental value. Oral instructions can not be used as incorporation by reference. For example, if a testator states in the will that he has recited to a third party the intended disposition of testamentary assets, such attempt to circumvent the requirements of a written will is void. References Reflist Category Wills and trusts Category Statutory law law term stub ... more details
In logic , a maiore ad minus describes a simple and obvious inference from a claim about a stronger entity, greater quantity, or general class to one about a weaker entity, smaller quantity, or specific member of that class From general to particular What holds for all X also holds for one particular X essentially a less formal version of modus ponens , the best known form of the classical syllogism and the one embodied in All men are mortal. ... From greater to smaller If a door is big enough for a person two meters high, then a shorter person may also come through If a canister may store ten liters of petrol, then it may also store three liters of petrol. From the whole to the part If the law permits a testator to revoke the entirety of a bequest by destroying or altering the document expressing it, then the law also permits a testator to revoke the portion of a bequest contained in a given portion of a document by destroying or altering that portion of the document. From stronger to weaker If one may safely use a rope to tow a truck in the American usage , one may also use it to tow a car. The reverse of this argument is a minore ad maius . Both of these arguments fall within the class of A fortiori a fortiori arguments . Category Latin logical phrases de Argumentum a maiori ad minus ... more details
pp move vandalism small yes Wiktionary appointment Appointment may refer to Law Power of appointment , the legal ability of a testator to select another person to dispose of the testator s property Recess appointment , a method of filling vacancies under U.S. federal law Appointment, a form of Royal Warrant List of positions filled by presidential appointment with Senate confirmation Appointment and confirmation to the Supreme Court of the United States Judicial appointments in Canada Warrant of Appointment , an official document presented by the President of Ireland to persons upon appointment to certain offices Religion Papal appointment , the oldest method for the selection of the pope Appointment of Catholic bishops Appointment of Church of England bishops Letter of appointment in Church of Jesus Christ of Latter day Saints history Others Appointment to the Order of Canada Court appointment , one of the traditional positions within a royal, ducal, or noble household The Appointment , a 1969 psychological drama The Appointment novel , published in German in 1997 and in English in 2001 Appointment, a means of funding Postdoctoral research disambig simple Appointment ... more details
wiktionary Residue may refer to Residue chemistry , material remaining after a distillation or an evaporation, or portion of a larger molecule In particular, in biology, often refers specifically to an amino acid Residue law , portion of the testator s estate that is not specifically devised to someone in the will Residue complex analysis , mathematics, complex number describing the behavior of line integrals of a meromorphic function around a singularity Crop residue , materials left after agricultural processes Residue may also be The remainder in modular arithmetic The heavier fractions of crude oil that fail to vaporize in an oil refinery disambig de Residuum fr R sidu io Reziduo nl Residu ru ... more details
wiktionarypar moiety Moiety may refer to Moiety chemistry , a part or functional group of a molecule Moiety kinship , either of two groups into which a society is divided An Australian Aboriginal kinship group Native Hawaiian realm ruled by a Mo i or Ali i In the field of law, half of anything. ref Bouvier s 1856 Edition Law Dictionary MOIETY. The half of anything as, if a testator bequeath one moiety of his estate to A, and the other to B, each shall take an equal part. Joint tenants are said to hold by moieties. ref Moiety title , one of two parts of property ownership A rebel group in the computer game Riven Notes reflist disambig ... more details
to the testator, or even seen by him, if proved to be made in his lifetime according to his instructions ... It is made in writing It is signature signed by the testator , or at his direction and in his presence The testator intent intends that the signature give effect to the will The will is made or acknowledged ... and signs, or acknowledges, his signature in the presence of the testator. There is no requirement ... as a will s.21 . Revocation of a will Section 18 revokes the will in the event of the marriage of the testator. However, this section was amended in 1982 so that where the testator makes the will in the expectation ... of the testator or on the grounds of any alteration in his circumstances s.19 . A will can only be revoked ... as a will, declaring an intention to revoke the will or Destruction of the will by the testator ... . However, such a witness can still prove the will s.15 . There is no bar on a creditor of the testator or the executor of the will being a witness ss.16 17 . Gifts to children Where the testator makes a gift to one of his children or a remoter descendant, and that child dies before the testator, the gift ... of the testator. The surviving descendants receive the gift s.33 . The rule also applies to illegitimate children s.33 4 a and a person conceived before the death of the testator is deemed to have been living at the testator s death s.33 4 b . Interpretation The will is interpreted in respect of the testator s property immediately before his death s.24 . Where the testator makes a gift of all ... more details
Wills, trusts, estates unreferenced date December 2010 A pour over will is a Will law testamentary device wherein the writer of a Will law will creates a Trust property trust , and decrees in the will that the property in his or her Estate law estate at the time of his or her death shall be distributed to the Trustee of the trust. Such device was always void at English law English common law , because it was not deemed as a binding trust, in that the testator can change the disposition of the trust at any time and therefore essentially execute changes to the will without meeting the formalities required for the change. More recently, however, a number of jurisdiction s have recognized the validity of a pour over will. In the jurisdictions in the U.S. which allows a pour over will, testators do not usually put all of their assets into trusts for the reasons of Market liquidity liquidity , convenience, or simply because they did not get around to do so before they died. A pour over clause in a will gives probate property to a trustee of the testator s separate trust and must be validated either under incorporation by reference by identifying the previously existing trust which the property will be poured into, or under the doctrine of acts of independent significance by referring to some act that has significance apart from disposing of probate assets, namely, the revocable living trust inter vivos trust . The testator s property is subject to probate until such time as the pour over clause is applied, and the estate assets pour into the trust. Although the trust instrument must be in existence at the time when the will with the pour over clause is executed, the trust need not be funded inter vivos . The pour over clause protects property not previously placed in a trust by pouring it into the previously established trust through the vehicle of the will. External links wiktionary Category Wills and trusts ... more details
Unreferenced date December 2009 Wills, trusts, estates Satisfaction of legacies is a common law doctrine that affects the disposition of property under a will law will . Under the doctrine, any gift that the maker of the will the testator gives during his lifetime to a named beneficiary of the will is presumptively treated as a satisfaction of that beneficiary s inheritance. After the death of the testator, the amount of the gift would then be deducted from the amount that the beneficiary would otherwise have received, even if it operates to entirely cancel out the inheritance. The presumption applies only when the gift is made after the will has already been executed. Many jurisdictions have repealed the satisfaction of legacies doctrine by statute. Even in those jurisdictions, however, a gift may still be treated as a satisfaction of legacy if such an intention is expressed in a written document made close to the time of the gift and signed by either the testator or the beneficiary. Jurisdictions that have enacted such a statute include Virginia . A similar common law doctrine operates regarding inheritance by intestacy i.e., without a will such a gift is then called an Advancement inheritance advancement . The concepts work similarly, but are independent of one another jurisdictions that have repealed the doctrine of satisfaction of legacies may still have the traditional doctrine of advancement in place. This may be because the law presumes that a person who was possessed of enough sophistication to make a will would know how to amend that will or otherwise document their desire that the gift be deemed satisfied. DEFAULTSORT Satisfaction Of Legacies Category Wills and trusts Category Common law rules ... more details
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