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Attestation Clause
In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature. It is often of the form ''signed, sealed, published, and declared'', a legal quadruplet. United States In the United States, attestation clauses were formally introduced into probate law with the promulgation of the first version of the Model Probate Code in the 1940s. 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. An attestation clause modeled on the Model Probate Code's language might provide: :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 a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Will (law)
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has been thought a "will" historically applied only to real property, while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), records show the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was invented by Solon. Originally ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Law
A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is known as the "settlor", the party to whom it is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the "beneficiary", and the entrusted property is known as the "corpus" or "trust property". A ''testamentary trust'' is an irrevocable trust established and funded pursuant to the terms of a deceased person's will. An inter vivos trust is a trust created during the settlor's life. The trustee is the legal owner of the assets held in trust on behalf of the trust and its beneficiaries. The beneficiaries are equitable owners of the trust property. Trustees have a fiduciary duty to manage the trust for the benefit of the equitable owners. Trustees must provide regular accountings of trust income ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testator
A testator () is a person who has written and executed a last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556. . Related terms * A female testator is sometimes referred to as a testatrix (), plural testatrices (), particularly in older cases. *In Ahmadiyya Islam, a testator is referred to as a moosi, who is someone that 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. * The 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). # Testamentary trust, a trust that is created in a will. * A will Will may refer to: Common meanings * Will an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Quadruplet
A legal doublet is a standardized phrase used frequently in English legal language consisting of two or more words that are irreversible binomials and frequently synonyms, usually connected by ''and'', such as ''cease and desist''. The order of the words cannot be reversed, as it would be seen as particularly unusual to ask someone to ''desist and cease'' or to have property owned ''clear and free'' rather than the standard ''free and clear'' term. The doubling—and sometimes even tripling—often originates in the transition from use of one language for legal purposes to another. Situations include in Britain, where a native English term is joined to a Latin language, Latin or Law French term, and in Romance languages, Romance-speaking countries, where a Latin language, Latin term is joined to the vernacular. To ensure understanding, the terms from both languages were retained and used together. This reflected the interactions between Germanic Law, Germanic and Roman law, Roman l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Codicil (will)
A codicil is a testamentary or supplementary document similar but not necessarily identical to a will. The purpose of a codicil can differ across jurisdictions. It may serve to amend, rather than replace, a previously executed will, serve as an alternative or replacement to a will, or in some instances have no recognized distinction between it and a will. Etymology The term is derived from the Latin term meaning a 'short additional text' or a ' small writing tablet'. It is the diminutive form of codex. Origins The concept of a testamentary document as similar to but distinct from a will originated in Roman law. In the pre-classical period, a testator was required to nominate an heir in order for his will to be valid (). Failure to nominate an heir or failure to observe the proper formalities for nomination of an heir resulted in an estate divided pursuant to the rules of intestacy. However, a testator was also able to institute a ''fideicommissum'', a more flexible and less ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomson Reuters
Thomson Reuters Corporation ( ) is a Canadian multinational corporation, multinational content-driven technology Conglomerate (company), conglomerate. The company was founded in Toronto, Ontario, Canada, and maintains its headquarters at 19 Duncan Street there. Thomson Reuters was created by the Thomson Corporation's purchase of the British company Reuters Group on 17 April 2008. It is majority-owned by the Woodbridge Company, a holding company for the Family tree of Thomson family, Thomson family of Canada. History Thomson Corporation The forerunner of the Thomson company was founded in 1934 by Roy Thomson, 1st Baron Thomson of Fleet, Roy Thomson in Ontario as the publisher of ''The Timmins Daily Press''. In 1953, Thomson acquired the ''The Scotsman, Scotsman'' newspaper and moved to Scotland the following year. He consolidated his media position in Scotland in 1957, when he won the government-granted monopoly, franchise for Scottish Television. In 1959, he bought the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or containing a verification, meaning it is made under oath on penalty of perjury. It serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ''commencement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Oath
It is usual for police officers take an oath to uphold the law. The following is a selection from different countries. Hong Kong English version according to Chapter 232, schedule 1, Laws of Hong Kong I, .. .. (swear by Almighty God/ do solemnly and sincerely declare) that I will well and faithfully serve the Government of Hong Kong Special Administrative Region according to law as a police officer, that I will obey uphold and maintain the laws of the Hong Kong Special Administrative Region that I will execute the powers and duties of my office honestly, faithfully and diligently without fear of or favour to any person and with malice or ill-will toward none, and that I will obey without question all lawful orders of those set in authority over me. Ireland English form Section 16(1) of the Act 2005 requires each member of the to make the following solemn declaration when they are appointed: Section 16(2) allows the words "before God" to be omitted from the declarati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testator
A testator () is a person who has written and executed a last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556. . Related terms * A female testator is sometimes referred to as a testatrix (), plural testatrices (), particularly in older cases. *In Ahmadiyya Islam, a testator is referred to as a moosi, who is someone that 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. * The 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). # Testamentary trust, a trust that is created in a will. * A will Will may refer to: Common meanings * Will an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testimony
Testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence in which a witness makes a "solemn declaration or affirmation ... for the purpose of establishing or proving some fact". According to Bryan A. Garner, the editor of '' Black's Law Dictionary'', the word "testimony" is properly used as a mass noun (that is, always uninflected regardless of number), and not a count noun. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. Historically, to be admissible in court and to ensure maximum reliability and validity, written testimony presented in the form of an affidavit (i.e., the witness would not be appearing in court at the hearing at which the affidavit was considered as evidence) was usually witnessed by anot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
