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Will And Testament
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate (law), 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 (property), 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 i ... [...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] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joint Will
Joint wills and mutual wills are closely related terms used in the law of wills to describe two types of testamentary writing that may be executed by a married couple to ensure that their property is disposed of identically. Neither should be confused with mirror wills which means two separate, identical wills, which may or may not also be mutual wills. Joint wills A joint will is a single document executed by more than one person (typically between spouses), making which has effect in relation to each signatory's property upon death (unless the will is revoked (cancels) the will during the signatory's lifetime). Although a single document, the joint will is a separate distribution of property by each executor (signatory) and will be treated as such on admission to probate. Mutual wills are any two (or more) wills which are mutually binding, such that following the first death the survivor is constrained in the ability to dispose of the property by the agreement the survivor made ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Active Duty
Active duty, in contrast to reserve duty, is a full-time occupation as part of a military force. Indian The Indian Armed Forces are considered to be one of the largest active service forces in the world, with almost 1.42 million Active Standing Army. An additional 2.20 million reserve forces can be activated in a few weeks depending on the situation under the order of the President of India who is the Commander and Chief of the Armed Forces of India. This does not include the additional 1 million troops of the Paramilitary who too are an active force whose full-time responsibility is to guard the sovereignty of the nation from internal and external threats. Israel In the Israel Defense Forces, there are two types of active duty: regular service (), and active reserve duty (, abbr. ''Shamap''). Regular service refers to either mandatory service (), according to the laws of Israel, or standing army service (), which consists of paid NCOs and officers. Active reserve service r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law Notary
Civil-law notaries, or Latin notaries, are lawyers of contentious jurisdiction, noncontentious private law, private civil law (legal system), civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State. As opposed to most notary public, notaries public, their Common law, common-law counterparts, civil-law notaries are highly trained, licensed practitioners providing a full range of regulated legal services, and whereas they hold a public office, they nonetheless operate usually—but not always—in private practice and are paid on a fee-for-service basis. They often receive generally the same education as attorneys at civil law with further specialised education but without qualifications in advocacy, procedural law or the law of evidence (law), evidence, somewhat comparable to a solicitor training in certain common-law countries. Howeve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holographic Will
A holographic will, or olographic testament, is a will and testament which is a holographic document, meaning that it has been entirely handwritten and signed by the testator. Holographic wills have been treated differently by different jurisdictions throughout history. For example, some jurisdictions historically required that a holographic will had to be signed by witnesses attesting to the validity of the testator's signature and intent. In many jurisdictions, holographic wills need to meet only minimal requirements to be valid: * In case of doubt, there must be evidence that the testator actually created the will, which can be proved through the use of witnesses, handwriting experts, or other methods. * The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary. * The testator must be expressing a wish to direct the distribution of his or her estate (or pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nuncupative Will
An oral will (or nuncupative will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format. A minority of U.S. states (approximately 20 as of 2009), permit nuncupative wills under certain circumstances. Under most statutes, such wills can only be made during a person's "last sickness," must be witnessed by at least three persons, and reduced to writing by the witnesses within a specified amount of time after the testator's death. Some states also place limits on the types and value of property that can be bequeathed in this manner. A few U.S. states permit nuncupative wills made by military personnel on active duty. Under the law in England and Wales oral wills are permitted to military personnel and merchant seamen on duty (see law report below) and it is common practice in Commonwealth countries. An analogy can be drawn to the concept of last donations ('' donatio morti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Undue Influence
Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person gains control over their victims' decision making through manipulation tactics and unfair pressure, typically for financial gain. Historically, UI has been poorly understood, even in some legal circles. Undue influence is typically perpetrated by a person who is trusted by the victim and is dependent on them for emotional and physical needs. Caregivers are often found to have unduly influenced their patients, however, anyone in a position of trust and authority over the victim (e.g. fiduciary) may be guilty. This includes the victims' attorney, accountant, nursing home attendant, or even children. UI is a ''process'', not a single event. A manipulator may spend weeks, months, or even years before successfully unduly-influencing their vic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incapacity
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality). Natural persons Capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such as: whether to move into a care home or whether to have major surgery. As an aspect of the social contract between a state and its citizens, the state adopts a role of protector to the weaker and more vulnerable members of society. In public policy terms, this is the policy of '' parens patriae''. Similarly, the state has a direct social and economic interest in promoting trade, so it will define the forms of business enterprise that may operate within its territory, and lay down rules that will allow both the businesses and those that wish to contract with them a fai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with child adoption being a common exception. Civil unions have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities. In 1989, Denmark was the first country to legalise civil unions; however, most other developed democracies did not begin establishing them until the 1990s and early 2000s. In Brazil, civil unions were first created for opposite-sex couples in 2002, and then expanded to include same-sex couples in 2011. In the majority of countries that established same-sex civil unions, they have since been either supplemented or replaced by same-sex marriage. Civil unions are viewed by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Same-sex Marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 billion people (20% of the world's population). The most recent jurisdiction to legalize same-sex marriage is Recognition of same-sex unions in Thailand, Thailand. Same-sex marriage is legally recognized in a large majority of the world's developed country, developed countries; notable exceptions are Recognition of same-sex unions in Italy, Italy, Recognition of same-sex unions in Japan, Japan, Recognition of same-sex unions in South Korea, South Korea and the Recognition of same-sex unions in the Czech Republic, Czech Republic. Same-sex adoption, Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as Nigeria and Russ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
