Testator
refimprove date November 2007 Wills, trusts, estates A testator is a person who has written and executed ... , 3d ed. 2003 , p. 556. ISBN 0 7668 5281 4. ref Related terms A female testator is sometimes ..
Attestation clause
the place of the testator s signature. Attestation clauses were introduced into probate law with the promulgation ... clause reads We, the undersigned testator and the undersigned witnesses, respectively, whose names ..
Lapse and anti-lapse
, which address the disposition of property that is willed to someone who dies before the testator ... called the beneficiary or devisee were to die before the testator, then the gift would be ineffective ..
Testamentary disposition
by a testator under the terms of a Will law will . Types Types of testamentary dispositions include ... or goods. See also Testator including related terms References references Category Wills and trusts ..
Will contract
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 ..
Ademption
when property bequeathed under a will is no longer in the testator s estate when the testator dies ... fails. If, for example, the will bequeathed the testator s car to a specific person, but the testator ..
Satisfaction of legacies
will . Under the doctrine, any gift that the maker of the will the testator gives during his ... s inheritance. After the death of the testator, the amount of the gift would then be deducted ..
Acts of independent significance
wills , permits the testator to effectively change the disposition of her property without changing ... the requirements of the will. The doctrine is most frequently applied in two circumstances The testator ..
Insane delusion
to describe a false conception of reality that a testator of a will law will adheres to against all reason and evidence to the contrary. A will made by a testator suffering from an insane delusion ..
Holographic will
handwritten and signed by the testator . Normally, a will must be signed by witness es attesting to the validity of the testator s signature and intent, but in many jurisdiction s, unwitnessed ..
Pretermitted heir
a person who would likely stand to inherit under a will law will , except that the testator the person ... child from claiming an inheritance if the will devised substantially all of the testator ..
Will (law)
by which a person the testator regulates the rights of others over his or her property or family ... trust that is effective only after the death of the testator. Any trust created in a Will is generally ..
Residuary estate
Wills, trusts, estates A residuary estate , in the law of will law wills , is any portion of the testator ... legatee . If no such clause is present, however, the residuary estate will pass to the testator ..
Residue
wiktionary Residue may refer to Residue chemistry , material remaining after a distillation or an evaporation, or portion of a larger molecule Residue law , portion of the testator s estate that is no ...
Rule in Allhusen v Whittell
of an estate. The life tenant under a will law will is entitled to income earned after the testator ... duties and so forth, are to be deemed to have been paid out of such capital as the testator s estate ..
Legitime
by the heirs. Where there is the law of legitime, and in the case where the testator has children, it is not lawful for a testator with issue to designate his spouse as sole heir while ignoring ..
Appointment
is a designate . The power of appointment , in law , is the ability of a testator to select another person to dispose of the testator s property. An appointment of clergy , in Christianity , is made ..
Testamentary capacity
typically revolves around charges that the testator , by virtue of senility , dementia , insanity ... requires those who would challenge a validly executed will to demonstrate that the testator ..
Aliment
above mentioned, or set apart as such by the deed of a testator , are intended for the mere support ..
Wills Act 1837
as a will and will be valid, although written by another person, and not read over to the testator ... signed by the testator , or at his direction and in his presence The testator intention law intends ..
Pour-over will
been void, because the testator does not create a binding trust of the property initially and can ... probate property to a trustee of the testator s separate trust and must be validated either under ..
Wright v. Tatham
his will. Three letters written to the testator were submitted as circumstantial evidence that the author believed the testator was of sound mind and the issue was whether these letters could be admitted ..
Codicil (will)
of the testator and, typically, two or three depending on jurisdiction disinterested ..., if the second document does not make a complete disposition of the testator s property and does ..
Forced heirship
Forced heirship is a reference to the testamentary laws which limit the discretion of the testator to distribute ... . Black s Law Dictionary defines a forced heir as cquote Those persons whom the testator or donor ..
Testamentary trust
law trust which arises upon the death of the testator , usually under his or her will law will . Testamentary ... for the testator to leave a letter of wishes for the trustees. In practical terms, testamentary ..