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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 is also known as a last will and testament. * Testacy mea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Will (law)
A will or 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 at times been thought that 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"), the historical records show that 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Testamentary Capacity
In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or disposing mind and memory. Presumption of capacity Adults are presumed to have the ability to make a will. Litigation about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will. In essence, the doctrine requires those who would challenge a validly executed will to demonstrate that the testator did not know the consequence of their conduct when they executed the will. Certain people, such as minors, are usually deemed to be conclusively incapable of making a will by the common law; however, minors who serve in the military are conceded the right to make a will by statute in many jurisdictions. In South Africa, however, one ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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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. United States In the United States, attestation clauses were 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 acknowledged the signature already made or directed another to sign for the testator in the testator' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Probate
Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Honora Jenkins' Will
The 1778 case of Honora Jenkins's last will and testament is a case in English law dealing with the witnessing of a testator's will. In this case, the testatrix, Honora Jenkins, visited her solicitors' office to sign her will, but it was later recorded how "being asthmatical and the office very hot, she retired to her carriage to execute the will", which was outside the office window. Background English law at that time required that a testator's signature "shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time". Jenkins's maidservant testified to the court that, specifically, "the moment the witnesses were signing the carriage horses reared up, causing the carriage to move into a line of sight with the office window". Thus she believed that, had Jenkins looked up at that moment, she would have been able to see the attestation take place. ''Casson v. Dade'' On the grounds that she had not been in the same room as her witne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Testamentary Trust
A testamentary trust (sometimes referred to as a will trust or trust under will) is a trust which arises upon the death of the testator, and which is specified in their will. A will may contain more than one testamentary trust, and may address all or any portion of the estate. Testamentary trusts are distinguished from ''inter vivos'' trusts, which are created during the settlor's lifetime. There are four parties involved in a testamentary trust: *the person who specifies that the trust be created, usually as a part of their will, but it may be set up in abeyance during the person's lifetime. This person may be called the ''grantor'' or ''trustor'', but is usually referred to as the '' settlor''; *the ''trustee'', whose duty is to carry out the terms of the will. they may be named in the will, or may be appointed by the probate court that handles the will; *the ''beneficiary(s)'', who will receive the benefits of the trust; *Although not a party to the trust itself, the ''pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Testamentary Disposition
A testamentary disposition is any gift of any property by a testator under the terms of a will. Types Types of testamentary dispositions include: * Gift (law), assets that have been legally transferred from one person to another * 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 *Codicil (will) A codicil is a testamentary or supplementary document similar but not necessarily identical to a will. In some jurisdictions, it may serve to amend, rather than replace, a previously executed will. In others, it may serve as an alternative to a w ... References Wills and trusts {{law-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Person
A person (plural, : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, or legal obligation, legal responsibility. The defining features of personhood and, consequently, what makes a person count as a person, differ widely among cultures and contexts. In addition to the question of personhood, of what makes a being count as a person to begin with, there are further questions about personal identity and self: both about what makes any particular person that particular person instead of another, and about what makes a person at one time the same person as they were or will be at another time despite any intervening changes. The plural form "people" is often used to refer to an entire nation or ethnic group (as in "a people"), and this was the original meaning of the word; it subsequently acquired its us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Death
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain death is sometimes used as a legal definition of death. The remains of a former organism normally begin to decompose shortly after death. Death is an inevitable process that eventually occurs in almost all organisms. Death is generally applied to whole organisms; the similar process seen in individual components of an organism, such as cells or tissues, is necrosis. Something that is not considered an organism, such as a virus, can be physically destroyed but is not said to die. As of the early 21st century, over 150,000 humans die each day, with ageing being by far the most common cause of death. Many cultures and religions have the idea of an afterlife, and also may hold the idea of judgement of good and bad deeds in one's life (hea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Ahmadiyya Islam
Ahmadiyya (, ), officially the Ahmadiyya Muslim Community or the Ahmadiyya Muslim Jama'at (AMJ, ar, الجماعة الإسلامية الأحمدية, al-Jamāʿah al-Islāmīyah al-Aḥmadīyah; ur, , translit=Jamā'at Aḥmadiyyah Muslimah), is an Islamic revival or messianic movement originating in Punjab, British India, in the late 19th century. It was founded by Mirza Ghulam Ahmad (1835–1908), who claimed to have been divinely appointed as both the Promised Mahdi (Guided One) and Messiah expected by Muslims to appear towards the end times and bring about, by peaceful means, the final triumph of Islam; as well as to embody, in this capacity, the expected eschatological figure of other major religious traditions. Adherents of the Ahmadiyya—a term adopted expressly in reference to Muhammad's alternative name '' Aḥmad''—are known as Ahmadi Muslims or simply Ahmadis. Ahmadi thought emphasizes the belief that Islam is the final dispensation for humanity as revea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Mirza Ghulam Ahmad
Mirzā Ghulām Ahmad (13 February 1835 – 26 May 1908) was an Indian religious leader and the founder of the Ahmadiyya movement in Islam. He claimed to have been divinely appointed as the promised Messiah and Mahdi—which is the metaphorical second-coming of Jesus (''mathīl-iʿIsā''), in fulfillment of Islam's latter day prophecies, as well as the Mujaddid (centennial reviver) of the 14th Islamic century."The Fourteenth-Century's Reformer / Mujaddid", from the "Call of Islam", by Maulana Muhammad Ali Born to a family with aristocratic roots in Qadian, rural Punjab, Ghulam Ahmad emerged as a writer and debater for Islam. When he was just over forty years of age, his father died and around that time he believed that God began to communicate with him. In 1889, he took a pledge of allegiance from forty of his supporters at Ludhiana and formed a community of followers upon what he claimed was divine instruction, stipulating ten conditions of initiation, an event that ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |