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
Globalize date December 2010 Wills, trusts, estates In the statute statutory law of will law will s and Trust law trust s, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator s signature. Attestation clauses were introduced into probate law with the promulgation of the first version of the Model Probate Code in the 1940s. A typical attestation clause reads We, the undersigned testator and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare 1 that the testator executed the instrument as the testator s will 2 that, in the presence of both witnesses, the testator signed or acknowledged the signature already made or directed another to sign for the testator in the testator s presence 3 that the testator executed the will as a free and voluntary act for the purposes expressed in it 4 that each of the witnesses, in the presence of the testator and of each other, signed the will as a witness 5 that the testator was of sound mind when the will was executed and 6 that to the best knowledge of each of the witnesses the testator was, at the time the will was executed, at least eighteen 18 years of age or was a member of the armed forces or of the merchant marine of the United States or its allies. This attestation clause is modeled on the Model Probate Code s version. Statutes that authorize self proved wills typically provide that a will that contains this language will be admitted to probate without affidavits from the attesting witnesses. The validity and form of an attestation clause is usually a matter of U.S. state law, and will vary from state to state. Many states allow attestation clauses to be added as Codicil will codicils to wills that were originally drafted without them. See also Affidavits Attestation Police oath Testator Notes Reflist References Burns Annotated Indiana Statutes, ss. 29 1 5 3.1 DEFAULTSORT Attestation Clause Category Wills a ... more details
Code but not the previous 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 ... in the statute, usually members of the testator s immediate family, if they had issue that survived the testator. For example, the New York anti lapse statute specifies brothers, sisters, and issue ... will inherit whatever was willed to the beneficiary. The testator can prevent the operation of an anti ... survives the testator, or by simply stating in the will that the anti lapse statute does not apply ... a beneficiary was intended to inherit part of the residuary estate who predeceases the testator ... 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
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
Context date July 2009 Mergeto Testator date July 2009 for the village in Estonia Moosi, Estonia In Ahmadiyya Islam , a Moosi testator 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 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. 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
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
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
that the testament was entirely written, dated, and signed in the testator s handwriting. ref cite book ... book title Utah Code Ann. 75 2 511 2011 ref signed by the testator with material portions of the document in the testator s handwriting, ref cite book title Utah Code Ann. 75 2 502 2011 ref and describing ... Va. Code Ann. 64.1 49.1 2011 ref signed by the testator, ref cite book title Va. Code Ann. 64.1 49 2011 ref the will must be wholly in the handwriting of the testator handwriting proven by at least two ... 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
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 date July 2011 A specific devise is a devise of a certain piece of real estate to a certain person or persons. It is like a specific legacy , but is limited by the word devise to real estate. Furthermore, the testator intends for that very particular item and only that item to satisfy the devise. For example, a specific devise would be My 1959 Gold Rolex. Category Wills and trusts law stub ... 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 ko ... 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
position regarding property rights of the testator by law. Such property rights as elements ... property rights and others as well as possession based rights of the testator. Digital data can constitute subjective rights e.g. copyright regarding a manuscript of the testator . However, the majority ... that such data falls into the descendant s estate, the testator must have possessed these data ... 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 his digital data to a service provider to archive it on the service s server computing server . In such a case, it is crucial, that the testator ..., falls into the decedent s estate, as far as the testator has had access and the digital data is not cleared with the testator s death. If the testator doesn t want the ordinary inheritance of his digital ... heirs won t know about it. Different national law representatives do not agree whether the testator ... a declared will of confidentiality of the testator is preferential to the information right of the heirs ... data has monetary value . All the same the testator can partially assure that his will is going ... 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
Unreferenced 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 would work the ... more details
to enforce the trust must prove that the testator intended to form a trust, that this intention was communicated ... for a half secret trust, which is where there is a mention of the trust in the testator s will, but not of the trust ... arrangement between a testator and a trustee to benefit a person without having to specify that person ... by the testator, or by some other person in his presence and by his direction and br b it appears that the testator intended by his signature to give effect to the will and br c the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same ... acknowledges his signature, in the presence of the testator but not necessarily in the presence of any ... . The essential elements which must be proved to exist are i the intention of the testator to subject ... that a testator is making a disposition in his favour intends it to be applied for purposes other than his own benefit, either expressly promises, or by silence implies, that he will carry on the testator ... v Blackwell , ref 1929 AC 318 ref where a testator gave five trustees pieces of property, instructing them in the will to hold on to this property as they had been asked. Prior to the testator ... secret trust , on which the question turns, are intention, communication and acquiescence. The testator ... of the will Sumner also held in Blackwell that a testator cannot reserve to himself a power ... trusts. If a testator alters the terms of the trust or the trust property, he must inform the intended ... by the trust if even one tenant accepts it before the testator s death. Where they hold the property as joint tenants and some accept it, but only after the testator s death, only those who accepted ... written documents. More generally, the problem is proving that the testator intended to create a trust ... 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
Wright v Tatham 1838 is a famous Exchequer Court decision on the use of hearsay within a trial. The case was further one of the main inspirations for Dickens Bleak House . The decision was later upheld by the House of Lords in R v Kearly 1992 . Facts Tatham was the claimant and heir to the fortune of the deceased. The will, however, had devised a portion of the property to Wright, a former servant. The main issue was whether the deceased had the required testamentary capacity when he wrote 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 as evidence to prove competence or whether they constituted hearsay. Wright had argued that the letters were admissible because they showed that the testator was seen and treated as a competent in the eyes of those who knew him. Tatham argued that they were inadmissible and so would have to sworn under oath before they could be admissible. Judgment of the Court The House of Lords held that the letters were inadmissible as hearsay. Subsequent use The case appears in numerous treatises and evidence text books because of the difficult hearsay issue it raised note the conclusion is not consistent with modern U.S. hearsay law . Baron Parke held that conduct consistent with a belief in a fact is hearsay when offered to prove the existence of that fact. The approach taken by Federal Rules of Evidence 801 a does not yield the same result, as it requires that there be an intention to assert, which was absent from the statement in Wright v. Tatham. case law stub Category 1838 in case law Category 1838 in the United Kingdom Category House of Lords cases Category English case law Category Legal articles without infoboxes ... 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 ko ... more details
Italic title 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 arguments. Category Latin logical phrases de Argumentum a maiori ad minus ... more details
also present. Sometimes the testator declared his will before sufficient witnesses, without committing ... of the legator s intentions, the testator declaring his will in the presence of seven witnesses ... allowed to be made when the testator had no known gentile relatives, unless they had waived their rights ... of the testator. But if the child had any legacy, though ever so small, it was a proof that the testator had not lost his memory nor his reason, which otherwise the law presumed. Hence probably ... points essential to its validity were that the testator should possess testamentary capacity , and that the will should be signed or acknowledged by the testator in the presence of seven witnesses, or published ..., women and slaves were not good witnesses. The whole property of the testator could not be alienated .... The liability of the heir to the debts of the testator varied during different periods. At first it was practically ... may be noticed A Roman testator could not, unless a soldier, die partly testate, and partly intestate ... law to whom the unirersitas furis of the testator descends as it did to the Roman heirs, whose appointment ... becomes very important in case of alteration in the position of the testator between the making ... gifts in mortmain , a view supported by Ranulf de Glanvill Glanvill , partly because the testator ... by the testator as such. The Statute of Frauds required, inter alia , that all devises should be in writing, signed by the testator or by some person for him in his presence and by his direction, and should ... to a will of personalty. A will entirely in the testator s handwriting, called a holographic will , was valid ... and legatee for the debts of the testator has been gradually established by legislation. In general ..., signed at the foot or end thereof by the testator or by some person in his presence and by his direction, and such signature is to be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, who are to subscribe the will in the presence of the testator ... more details
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