Encyclopedia results for Testator

1. Testator
   Wills&Trusts refimprove date November 2007 A testator is a person who has written and executed a Will law ... , 3d ed. 2003 , p. 556. ISBN 0 7668 5281 4. ref Related terms A female testator is sometimes referred ..
   
   
   
2. Attestation clause
   of the testator s signature. Attestation clauses were introduced into probate law with the promulgation ... We, the undersigned testator and the undersigned witnesses, respectively, whose names are signed ..
   
   
   
3. Ademption
   bequeathed under a will is no longer in the testator s estate when the testator dies. For devises .... If, for example, the will bequeathed the testator s car to a specific person, but the testator ..
   
   
   
4. Testamentary disposition
   Unreferenced date August 2007 Wills&Trusts A testamentary disposition is any gift of any property by a testator ... also Testator including related terms References references Category Wills and trusts Category Inheritance ..
   
   
   
5. Will contract
   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 ..
   
   
   
6. Holographic will
   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 holographic ..
   
   
   
7. Lapse and anti-lapse
   address the disposition of property that is willed to someone who dies before the testator the writer ... the beneficiary or devisee were to die before the testator, then the gift would be ineffective. The property ..
   
   
   
8. 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 ..
   
   
   
9. Acts of independent significance
   the testator to effectively change the disposition of her property without changing her will, if acts ... of the will. The doctrine is most frequently applied in two circumstances The testator ..
   
   
   
10. Insane delusion
    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 that affects ..
    
    
    
11. Will (law)
    by which a person the testator regulates the rights of others over his or her property or family after ..., but every will must contain the following The testator must clearly identify himself ..
    
    
    
12. 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 ..
    
    
    
13. Will contest
    intent of the testator the party who made the will . Will contests generally focus on the assertion that the testator lacked testamentary capacity , was operating under an insane delusion , or was subject ..
    
    
    
14. Trust law in England and Wales
    that all testamentary trusts must be in writing, signed by the testator or by someone in his presence ... trusts are recognised exceptions to this requirement. A full secret trust occurs when a testator ..
    
    
    
15. Residuary estate
    Wills&Trusts A residuary estate , in the law of will law wills , is any portion of the testator s estate ... estate will pass to the testator s heirs by intestacy . At common law, if the residuary estate ..
    
    
    
16. Pretermitted heir
    who would likely stand to inherit under a will law will , except that the testator the person who ... child from claiming an inheritance if the will devised substantially all of the testator s estate ..
    
    
    
17. Power of appointment
    the ability of the testator the person writing the will to select a person who will be given .... For example, a testator might grant his brother the special power to distribute property among ..
    
    
    
18. Rule in Allhusen v Whittell
    of an estate. The life tenant under a will law will is entitled to income earned after the testator ... forth, are to be deemed to have been paid out of such capital as the testator s estate as will be sufficient ..
    
    
    
19. 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 ..
    
    
    
20. Aliment
    of a testator , are intended for the mere support of the recipient, and are not attachable by creditor ..
    
    
    
21. Cy-près doctrine
    the original objective of the settlor or the testator became impossible, impracticable, or illegal to perform ... as possible to the original intention of the testator or settlor , to prevent the trust from failing ..
    
    
    
22. Pour-over will
    void, because the testator does not create a binding trust of the property initially and can change ... property to a trustee of the testator s separate trust and must be validated either under incorporation ..
    
    
    
23. 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 ..
    
    
    
24. 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 ..
    
    
    
25. 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 ..