Dictionary of Law
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will :: legal definition


Will - n. a written document which leaves the estate of the person who signed the will to named persons or entities (beneficiaries, legatees, divisees) including portions or percentages of the estate, specific gifts, creation of trusts for management and future distribution of all or a portion of the estate (a testamentary trust). A will usually names an executor (and possibly substitute executors) to manage the estate, states the authority and obligations of the executor in the management and distribution of the estate, sometimes gives funeral and/or burial instructions, nominates guardians of minor children and spells out other terms. To be valid the will must be signed by the person who made it (testator), be dated (but an incorrect date will not invalidate the will) and witnessed by two people (except in Vermont which requires three). In some states the witnesses must be disinterested, or in some states, a gift to a witness is void, but the will is valid. A will totally in the handwriting of the testator, signed and dated (a "holographic will") but without witnesses, is valid in many, but not all, states. If the will (also called a Last Will and Testament) is still in force at the time of the death of the testator (will writer), and there is a substantial estate and/or real estate, then the will must be probated (approved by the court, managed and distributed by the executor under court supervision). If there is no executor named or the executor is dead or unable or unwilling to serve, an administrator ("with will annexed") will be appointed by the court. A written amendment or addition to a will is called a "codicil" and must be signed, dated and witnessed just as is a will, and must refer to the original will it amends. If there is no estate, including the situation in which the assets have all been placed in a trust, then the will need not be probated.

See also: codicil estate executor guardian holographic will last will and testament probate testator and Related Law Terms ↓


Related Law Terms

abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt
accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam.
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
attest :: v. 1) to confirm (usually in writing) that a docum ... also: holographic will will witness
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
codicil :: n. a written amendment to a person's will, which m ... the writer. See also: probate will
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
community property :: n. property and profits received by a husband and ... and distribution separate property
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
conditional bequest :: n. in a will, a gift which will take place only if ... rries." See also: bequest executory
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays.
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought.
distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
dower :: n. an old English common law right of a widow to o ... t and distribution widow's election
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax.
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax.
gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax
gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
holographic will :: n. a will entirely handwritten, dated and signed b ... lost in the desert. See also: will
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will
incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses.
incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney.
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust
inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution.
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts.
per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes.
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment.
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
restrictive endorsement :: n. an endorsement signed on the back of a check, n ... indorsement." See also: endorsement
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock.
sign :: v. 1) to write one's signature on a document, incl ... language. See also: mark subscribe
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
spendthrift clause :: n. a provision in a trust or will that states that ... tly to Junior. See also: trust will
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
stock certificate :: n. printed document which states the name, incorpo ... . See also: corporation share stock
subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue.
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will

Popular Law Searches

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Other Law Terms - W

waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver
waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive
wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained.
ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant
warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant
waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents.
watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock
weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence
wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers.
widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband.
widower :: n. a man whose wife died while he was married to h ... d to her and who has not remarried.
widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will
will :: n. a written document which leaves the estate of t ... will and testament probate testator
will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will
willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully
willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful