Wills

Valid Will

A will that meets specific requirements including being in writing, signed, and witnessed.

Testator

The person who creates a will.

Testamentary Intent

The testator must intend for the document to serve as their will, effective upon death.

Testamentary Capacity

The testator must be of sound mind at the time of execution, understanding the nature and extent of their property, the disposition they are making, and the relationships with those who would naturally inherit their estate.

Statutory Formalities

Legal requirements for a valid will, including writing, signature by the testator, and witnesses or acknowledgment before a notary public.

Methods of Revoking a Will

Ways to revoke a will, including physical act, executing a subsequent will, or operation of law.

Physical Act

Destroying, tearing, or marking the will with intent to revoke.

Subsequent Will

Executing a new will that expressly or implicitly revokes the prior one.

Operation of Law

Divorce or marriage may revoke certain provisions of a will.

Limits on Testamentary Dispositions

Legal restrictions on how a testator can distribute their estate.

Elective Share

A surviving spouse can choose to take a statutory percentage (often 50%) of the marital portion of the augmented estate, rather than what is provided in the will.

Family Allowance

Providing for minor children or dependents.

Omitted Children

Protecting after-born or adopted children from unintentional disinheritance.

After-Born Child

A child born or adopted after the execution of a will is entitled to an intestate share unless the omission was intentional, the will provides for the child's other parent substantially, or the will includes a class gift covering the child.

Decedent

A deceased person.

Estate

The real and personal property left by a decedent at death.

Personal Property

Passes according to the law of the decedent's domicile.

Real Property

Passes according to the law of the state where it is located.

Intestate

Dying without a will.

Testate

Dying with a valid will.

Probate

The process of proving a will as the valid last will of a decedent.

Issue

Lineal descendants of an ancestor (e.g., children, grandchildren).

Heirs

Persons entitled to inherit under intestate succession laws.

Will

A document executed by a testator that takes effect upon their death.

Codicil

A document that modifies, explains, or republishes a will.

Lapse

Occurs when a beneficiary predeceases the testator, causing the disposition to fail.

Residuary Estate

The remaining estate after specific gifts are distributed.

Intestate Estate

Property that does not pass under a will and is distributed according to intestacy laws.

Testamentary Trust

A trust created by a will, effective upon the testator's death.

Executor

The person named in a will to administer the estate.

Administrator

A person appointed by the court to manage the estate when there is no will or no executor.

Beneficiary

A person or entity named in a will to receive property.

Specific Devise

A gift of a particular item of property (e.g., 'my car to John').

General Devise

A gift of property not specifically identified (e.g., '$10,000 to Mary').

Ademption

Occurs when a specific gift in a will is no longer available at the testator's death.

Abatement

Reduction of gifts when the estate lacks sufficient assets to pay all debts and distribute all gifts.

Revocation

The act of canceling or nullifying a will, typically by physical destruction, a subsequent will, or a written statement.

Undue Influence

Improper pressure exerted on the testator, invalidating the will.

Capacity

The mental ability required to create a valid will (testator must understand the nature of their property and the disposition being made).

Per Stirpes

A method of distributing an estate where descendants inherit by representation of their deceased ancestor.

Per Capita

A method of distributing an estate equally among all living beneficiaries at the same generational level.

Non-Probate Assets

Assets that pass outside of probate, such as joint tenancy property, life insurance proceeds, or retirement accounts with designated beneficiaries.

Formalities of a Will

Must be in writing. Signed by the testator. Witnessed by at least two competent individuals (in most jurisdictions).

Holographic Will

A will written entirely in the testator's handwriting and signed, often without witnesses (valid in some jurisdictions).

Self-Proving Will

A will with an affidavit signed by the testator and witnesses, making probate easier.

Simultaneous Death

If two individuals die simultaneously, laws like the Uniform Simultaneous Death Act determine inheritance.

Anti-Lapse Statutes

Prevent gifts from failing if the beneficiary predeceases the testator, typically passing the gift to the beneficiary's descendants.

Will Contests

Legal challenges to the validity of a will, often based on lack of capacity, undue influence, fraud, or improper execution.

Pour-Over Will

A will that transfers remaining assets into a trust upon the testator's death.

No-Contest Clause

A provision discouraging beneficiaries from challenging the will by forfeiting their inheritance if they do.