Will At&t Repair S7 Edge Cracked Screen Under Insurance

Legal declaration by which a person distributes their property at decease

A volition or testament is a legal certificate that expresses a person'south (testator) wishes as to how their belongings (estate) is to be distributed after their decease and equally to which person (executor) is to manage the belongings until its final distribution. For the distribution (devolution) of holding non determined by a volition, see inheritance and intestacy.

Though it has at times been thought that a "will" historically applied just to existent property while "testament" practical but to personal property (thus giving ascent to the pop title of the document as "last will and testament"), the historical records prove that the terms accept been used interchangeably.^[ane] Thus, the discussion "will" validly applies to both personal and existent holding. A will may also create a testamentary trust that is constructive only afterwards the death of the testator.

History [edit]

Throughout nigh of the world, disposal of an estate has been a affair of social custom. According to Plutarch, the written will was invented past Solon.^{[ citation needed ]} Originally, information technology was a device intended solely for men who died without an heir.

The English phrase "will and testament" is derived from a menstruation in English law when Old English and Law French were used side past side for maximum clarity. Other such legal doublets include "breaking and entering" and "peace and quiet".^[2]

Freedom of disposition [edit]

The concept of the freedom of disposition past volition, familiar as information technology is in mod England and the United States, both by and large considered common law systems, is by no means universal. In fact, consummate freedom is the exception rather than the dominion.^[iii] ^: 654 Civil police systems oftentimes put some restrictions on the possibilities of disposal; run across for instance "Forced heirship".

Advocates for gays and lesbians have pointed to the inheritance rights of spouses as desirable for same-sex couples equally well, through aforementioned-sex marriage or civil unions. Opponents of such advocacy rebut this claim by pointing to the power of same-sex activity couples to disperse their assets by will. Historically, nevertheless, it was observed that "[e]ven if a aforementioned-sex partner executes a will, at that place is adventure that the survivor will confront prejudice in court when disgruntled heirs challenge the will",^[4] with courts being more willing to strike downward wills leaving property to a same-sex activity partner on such grounds every bit incapacity or undue influence.^[5] ^[vi]

Types of wills [edit]

Types of wills generally include:

nuncupative (not-culpatory) – oral or dictated; ofttimes limited to sailors or war machine personnel.
holographic will – written in the mitt of the testator; in many jurisdictions, the signature and the fabric terms of the holographic will must be in the handwriting of the testator.
self-proved – in solemn form with affidavits of subscribing witnesses to avoid probate.
notarial – will in public grade and prepared by a civil-law notary (civil-police jurisdictions and Louisiana, U.s.).
mystic – sealed until death.
serviceman'southward volition – volition of person in active-duty armed forces service and usually lacking certain formalities, particularly under English law.
reciprocal/mirror/common/hubby and wife wills – wills made past two or more than parties (typically spouses) that brand similar or identical provisions in favor of each other.
articulation will – similar to reciprocal wills but one musical instrument; has a binding event on the surviving testator(s). First documented in English law in 1769.^[7]
unsolemn will – will in which the executor is unnamed.
will in solemn form – signed by testator and witnesses.

Some jurisdictions recognize a holographic will, made out entirely in the testator's own mitt, or in some modern formulations, with material provisions in the testator's hand. The distinctive feature of a holographic will is less that it is handwritten by the testator, and often that it need non be witnessed. In Louisiana this blazon of attestation is chosen an olographic testament.^[8] It must be entirely written, dated, and signed in the handwriting of the testator. Although the engagement may appear anywhere in the testament, the testator must sign the testament at the end of the testament. Any additions or corrections must also be entirely hand written to accept consequence.

In England, the formalities of wills are relaxed for soldiers who express their wishes on active service; whatever such will is known as a serviceman's will. A minority of jurisdictions even recognize the validity of nuncupative wills (oral wills), particularly for military personnel or merchant sailors. However, there are often constraints on the disposition of holding if such an oral will is used.

Terminology [edit]

Administrator – person appointed or who petitions to administer an estate in an intestate succession. The antiquated English term of administratrix was used to refer to a female administrator but is by and large no longer in standard legal usage.
Apertura tabularum – in ancient law books, signifies the breaking open of a last volition and testament.
Casher – anyone receiving a gift or benefiting from a trust
Bequest – testamentary gift of personal property, traditionally other than money.
Codicil – (ane) amendment to a will; (ii) a will that modifies or partially revokes an existing or earlier will.
Decedent – the deceased (U.Southward. term)
Demonstrative Legacy – a gift of a specific sum of coin with a direction that is to be paid out of a particular fund.
Descent – succession to existent belongings.
Devise – testamentary gift of real holding.
Devisee – casher of real belongings under a will.
Distribution – succession to personal property.
Executor/executrix or personal representative [PR] – person named to administrate the estate, mostly subject to the supervision of the probate courtroom, in accord with the testator's wishes in the will. In virtually cases, the testator will nominate an executor/PR in the will unless that person is unable or unwilling to serve. In some cases a literary executor may be appointed to manage a literary estate.
Exordium clause is the first paragraph or sentence in a will and attestation, in which the testator identifies himself or herself, states a legal domicile, and revokes any prior wills.
Inheritor – a beneficiary in a succession, testate or intestate.
Intestate – person who has not created a volition, or who does not have a valid will at the fourth dimension of decease.
Legacy – testamentary souvenir of personal property, traditionally of coin. Annotation: historically, a legacy has referred to either a gift of real holding or personal property.
Legatee – casher of personal property under a volition, i.e., a person receiving a legacy.
Probate – legal process of settling the estate of a deceased person.
Residuary estate - the portion of an estate remaining after the payment of expenses and the distribution of specific bequests; this passes to the residuary legatees.
Specific legacy (or specific heritance) – a testamentary souvenir of a precisely identifiable object.
Testate – person who dies having created a will before death.
Testator – person who executes or signs a will; that is, the person whose volition it is. The antiquated English term of Testatrix was used to refer to a female.^[9]
Trustee – a person who has the duty under a volition trust to ensure that the rights of the beneficiaries are upheld.

Requirements for creation [edit]

Any person over the age of majority and having "testamentary capacity" (i.e., generally, being of sound mind) can make a will, with or without the assist of a lawyer.

Content of the will [edit]

Required content varies, depending on the jurisdiction, but more often than not includes the following:

The testator must clearly identify themselves every bit the maker of the volition, and that a will is being made; this is commonly called "publication" of the will, and is typically satisfied by the words "terminal will and testament" on the face of the certificate.
The testator should declare that he or she revokes all previous wills and codicils. Otherwise, a subsequent will revokes earlier wills and codicils only to the extent to which they are inconsistent. However, if a subsequent volition is completely inconsistent with an before one, the earlier volition is considered completely revoked by implication.
The testator may demonstrate that he or she has the capacity to dispose of their belongings ("sound heed"), and does so freely and willingly.
The testator must sign and date the will, usually in the presence of at to the lowest degree two disinterested witnesses (persons who are non beneficiaries). There may be actress witnesses, these are called "supernumerary" witnesses, if in that location is a question as to an interested-party conflict. Some jurisdictions, notably Pennsylvania, have long abolished whatever requirement for witnesses. In the United states of america, Louisiana requires both attestation by 2 witnesses besides equally notarization by a notary public. Holographic wills generally require no witnesses to exist valid, but depending on the jurisdiction may demand to be proved later as to the actuality of the testator'south signature.
If witnesses are designated to receive holding under the will they are witnesses to, this has the result, in many jurisdictions, of either (i) disallowing them to receive under the will, or (ii) invalidating their condition as a witness. In a growing number of states in the United States, withal, an interested political party is simply an improper witness as to the clauses that do good him or her (for example, in Illinois).
The testator's signature must exist placed at the end of the will. If this is not observed, any text post-obit the signature volition exist ignored, or the unabridged will may be invalidated if what comes later the signature is so material that ignoring information technology would defeat the testator's intentions.
Ane or more than beneficiaries (devisees, legatees) must generally exist conspicuously stated in the text, only some jurisdictions let a valid volition that merely revokes a previous will, revokes a disposition in a previous will, or names an executor.

A volition may not include a requirement that an heir commit an illegal, immoral, or other human activity against public policy as a condition of receipt.

In community property jurisdictions, a will cannot exist used to disinherit a surviving spouse, who is entitled to at least a portion of the testator's estate. In the Usa, children may be disinherited by a parent's will, except in Louisiana, where a minimum share is guaranteed to surviving children except in specifically enumerated circumstances.^[10] Many civil law countries follow a similar rule. In England and Wales from 1933 to 1975, a volition could disinherit a spouse; nonetheless, since the Inheritance (Provision for Family and Dependants) Deed 1975 such an attempt can exist defeated by a courtroom social club if information technology leaves the surviving spouse (or other entitled dependent) without "reasonable financial provision".

Role of lawyers [edit]

There is no legal requirement that a volition be drawn up past a lawyer, and some people may resist hiring a lawyer to draft a will.^[11] People may typhoon a will with the assistance of a lawyer, utilize a software production^[12] or will form, or write their wishes entirely on their own. Some lawyers offering educational classes for people who want to write their own will.^[13]

When obtained from a lawyer, a volition may come as part of an estate planning package that includes other instruments, such as a living trust.^[14] A will that is drafted by a lawyer should avert possible technical mistakes that a layperson might brand that could potentially invalidate part or all of a will.^[15] While wills prepared by a lawyer may seem similar to each other, lawyers can customize the language of wills to meet the needs of specific clients.^[16]

International wills [edit]

In 1973 an international convention, the Convention providing a Uniform Police force on the Class of an International Volition,^[17] was concluded in the context of UNIDROIT. The Convention provided for a universally recognised code of rules under which a will made anywhere, by any person of any nationality, would be valid and enforceable in every country that became a party to the Convention. These are known as "international wills". It is in force in Australia, Kingdom of belgium, Bosnia-Herzegovina, Canada (in ix provinces, not Quebec), Republic of croatia, Cyprus, Republic of ecuador, French republic, Italy, Libya, Niger, Portugal and Slovenia. The holy see, Iran, Laos, the Russian federation, Sierra Leone, the United Kingdom, and the United States accept signed merely not ratified.^[18] International wills are only valid where the convention applies. Although the U.S. has not ratified on behalf of whatever state, the Uniform police has been enacted in 23 states and the District of Columbia.^[eighteen]

For individuals who own assets in multiple countries and at least ane of those countries are not a part of the Convention, information technology may be appropriate for the person to take multiple wills, ane for each country.^[18] ^[19] In some nations, multiple wills may be useful to reduce or avoid taxes upon the manor and its avails.^[20] Care must be taken to avoid accidental revocation of prior wills, conflicts between the wills, to anticipate jurisdictional and choice of police force issues that may ascend during probate.^[nineteen]

Revocation [edit]

Methods and result [edit]

Intentional physical devastation of a will by the testator will revoke information technology, through deliberately burning or tearing the physical document itself, or by striking out the signature. In most jurisdictions, fractional revocation is allowed if only role of the text or a particular provision is crossed out. Other jurisdictions will either ignore the attempt or hold that the unabridged will was really revoked. A testator may also be able to revoke by the concrete act of some other (every bit would be necessary if he or she is physically incapacitated), if this is done in their presence and in the presence of witnesses. Some jurisdictions may presume that a volition has been destroyed if it had been last seen in the possession of the testator but is found mutilated or cannot be constitute afterwards their death.

A will may also be revoked by the execution of a new will. Most wills contain stock language that expressly revokes whatever wills that came before them, because otherwise a courtroom volition usually nonetheless attempt to read the wills together to the extent they are consistent.

In some jurisdictions, the complete revocation of a volition automatically revives the next-about recent will, while others concur that revocation leaves the testator with no will, so that their heirs volition instead inherit by intestate succession.

In England and Wales, marriage will automatically revoke a will, for it is presumed that upon marriage a testator will desire to review the will. A argument in a will that it is made in contemplation of forthcoming wedlock to a named person will override this.

Divorce, conversely, will not revoke a volition, but in many jurisdictions volition accept the effect that the former spouse is treated as if they had died before the testator and and so volition not benefit.

Where a will has been accidentally destroyed, on bear witness that this is the case, a copy will or draft will may be admitted to probate.

Dependent relative revocation [edit]

Many jurisdictions exercise an equitable doctrine known as "dependent relative revocation" ("DRR"). Nether this doctrine, courts may condone a revocation that was based on a mistake of law on the part of the testator every bit to the upshot of the revocation. For example, if a testator mistakenly believes that an earlier will tin be revived by the revocation of a afterward will, the court will ignore the afterward revocation if the later will comes closer to fulfilling the testator'southward intent than non having a will at all. The doctrine also applies when a testator executes a second, or new will and revokes their sometime volition under the (mistaken) belief that the new will would be valid. However, if for some reason the new volition is non valid, a court may apply the doctrine to reinstate and probate the erstwhile volition, if the court holds that the testator would prefer the quondam volition to intestate succession.

Before applying the doctrine, courts may crave (with rare exceptions) that at that place have been an culling plan of disposition of the property. That is, after revoking the prior volition, the testator could accept made an alternative plan of disposition. Such a plan would evidence that the testator intended the revocation to consequence in the property going elsewhere, rather than simply being a revoked disposition. Secondly, courts crave either that the testator have recited their fault in the terms of the revoking musical instrument, or that the mistake exist established past clear and convincing evidence. For example, when the testator made the original revocation, he must have erroneously noted that he was revoking the gift "because the intended recipient has died" or "because I will enact a new will tomorrow".

DRR may be applied to restore a gift erroneously struck from a will if the intent of the testator was to enlarge that gift, but will not apply to restore such a gift if the intent of the testator was to revoke the gift in favor of some other person. For instance, suppose Tom has a will that bequeaths $5,000 to his secretary, Alice Johnson. If Tom crosses out that clause and writes "$7,000 to Alice Johnson" in the margin, but does non sign or date the writing in the margin, about states would find that Tom had revoked the earlier provision, just had not finer amended his will to add the second; however, nether DRR the revocation would be undone because Tom was acting under the mistaken belief that he could increase the souvenir to $7,000 by writing that in the margin. Therefore, Alice will get 5,000 dollars. Still, the doctrine of relative revocation volition not utilize if the interlineation decreases the amount of the gift from the original provision (e.g., "$5,000 to Alice Johnson" is crossed out and replaced with "$3,000 to Alice Johnson" without Testator's signature or the date in the margin; DRR does not apply and Alice Johnson will take aught).

Similarly, if Tom crosses out that clause and writes in the margin "$5,000 to Betty Smith" without signing or dating the writing, the gift to Alice will exist effectively revoked. In this case, information technology will non exist restored under the doctrine of DRR because even though Tom was mistaken almost the effectiveness of the gift to Betty, that fault does not affect Tom's intent to revoke the gift to Alice. Because the gift to Betty will be invalid for lack of proper execution, that $5,000 will go to Tom'due south residuary estate.

Election against the volition [edit]

Also referred to equally "electing to take against the will". In the United States, many states have probate statutes that allow the surviving spouse of the decedent to cull to receive a particular share of deceased spouse's estate in lieu of receiving the specified share left to him or her under the deceased spouse'southward will. Every bit a simple example, under Iowa law (meet Code of Iowa Department 633.238 (2005)), the deceased spouse leaves a will which expressly devises the marital habitation to someone other than the surviving spouse. The surviving spouse may elect, contrary to the intent of the will, to live in the abode for the residuum of his/her lifetime. This is called a "life estate" and terminates immediately upon the surviving spouse'southward decease.

The historical and social policy purposes of such statutes are to assure that the surviving spouse receives a statutorily set minimum amount of property from the decedent. Historically, these statutes were enacted to prevent the deceased spouse from leaving the survivor destitute, thereby shifting the burden of care to the social welfare organization.

In New York, a surviving spouse is entitled to ane-3rd of her deceased spouse'south manor. The decedent's debts, administrative expenses and reasonable funeral expenses are paid prior to the calculation of the spousal elective share. The elective share is calculated through the "internet manor". The net manor is inclusive of belongings that passed by the laws of intestacy, testamentary belongings, and testamentary substitutes, as enumerated in EPTL 5-ane.1-A. New York'southward nomenclature of testamentary substitutes that are included in the internet estate brand it challenging for a deceased spouse to disinherit their surviving spouse.

Notable wills [edit]

In antiquity, Julius Caesar's will, which named his grand-nephew Octavian as his adopted son and heir, funded and legitimized Octavian's rise to political power in the tardily Republic; it provided him the resources necessary to win the ceremonious wars against the "Liberators" and Antony and to constitute the Roman Empire under the proper name Augustus. Antony's officiating at the public reading of the will led to a anarchism and moved public stance against Caesar's assassins. Octavian'due south illegal publication of Antony's sealed volition was an important gene in removing his support within Rome, equally information technology described his wish to be buried in Alexandria beside the Egyptian queen Cleopatra.

In the mod era, the Thellusson v Woodford volition case led to British legislation confronting the aggregating of money for later distribution and was fictionalized as Jarndyce and Jarndyce in Charles Dickens's Dour House. The Nobel Prizes were established past Alfred Nobel's will. Charles Vance Millar'south will provoked the Cracking Stork Derby, as he successfully bequeathed the majority of his estate to the Toronto-surface area woman who had the greatest number of children in the 10 years afterward his death. (The prize was divided among four women who had 9, with smaller payments made to women who had borne 10 children but lost some to miscarriage. Another woman who bore ten children was butterfingers, for several were illegitimate.)

The longest known legal volition is that of Englishwoman Frederica Evelyn Stilwell Cook. Probated in 1925, it was 1,066 pages, and had to be bound in 4 volumes; her estate was worth $100,000. The shortest known legal wills are those of Bimla Rishi of Delhi, India ("all to son") and Karl Tausch of Hesse, Germany, ("all to wife") both containing only two words in the language they were written in (Hindi and Czech, respectively).^[21] The shortest will is of Shripad Krishnarao Vaidya of Nagpur, Maharashtra, consisting of five letters ("HEIR'S").^[22] ^[23]

An unusual holographic will, accepted into probate every bit a valid one, came out of a tragic accident. On 8 June 1948 in Saskatchewan, Canada, a farmer named Cecil George Harris became trapped nether his ain tractor. Thinking he would not survive (though found alive later, he died of his injuries in infirmary), Harris carved a will into the tractor's fender, which read:

In case I die in this mess I leave all to the wife. Cecil Geo. Harris.

The fender was probated and stood as his will. The fender is currently on display at the police library of the Academy of Saskatchewan College of Law.^[24]

Probate [edit]

After the testator has died, an awarding for probate may exist fabricated in a courtroom with probate jurisdiction to determine the validity of the will or wills that the testator may take created, i.e., which will satisfy the legal requirements, and to appoint an executor. In most cases, during probate, at least one witness is called upon to bear witness or sign a "proof of witness" affidavit. In some jurisdictions, however, statutes may provide requirements for a "self-proving" will (must exist met during the execution of the will), in which case witness testimony may be forgone during probate. Ofttimes in that location is a fourth dimension limit, unremarkably thirty days, within which a will must be admitted to probate. In some jurisdictions, just an original will may be admitted to probate—fifty-fifty the most accurate photocopy will not suffice.^{[ citation needed ]} Some jurisdictions will admit a copy of a will if the original was lost or accidentally destroyed and the validity of the copy can be proved to the satisfaction of the court.^[25]

If the volition is ruled invalid in probate, and then inheritance will occur under the laws of intestacy as if a will were never drafted.

See besides [edit]

Ademption
Apertura tabularum
Death and the Internet, including password vaults
Estate planning
Ethical volition
Forced heirship
Inheritance
Legal history of wills
Trust police
- Henson trust
- Totten trust
Will Aid
Will contest

References [edit]

^ Wills, Trusts, and Estates (Aspen, 7th Ed., 2005)
^ Freedman, Adam (2013). The party of the starting time part the curious earth of legalese. New York: Henry Holt and Company. ISBN978-1466822573.
^ One or more of the preceding sentences incorporates text from a publication now in the public domain:Chisholm, Hugh, ed. (1911). "Will". Encyclopædia Britannica. Vol. 28 (11th ed.). Cambridge University Press. pp. 654–658.
^ Eugene F. Scoles, Problems and Materials on Decedents' Estates and Trusts (2000), p. 39.
^ Chuck Stewart, Homosexuality and the Law: A Dictionary (2001), p. 310.
^ Run across also, for case, In Re Kaufmann's Volition, twenty A.D.second 464, 247 N.Y.S.2d 664 (1964), aff'd, 15 N.Y.2d 825, 257 N.Y.Due south.second 941, 205 N.E.2d 864 (1965).
^ Repository Citation: Contracts Not to Revoke Joint or Mutual Wills, 15 William & Mary Constabulary Review 144 (1973), https://scholarship.law.wm.edu/wmlr/vol15/iss1/7
^ Louisiana Civil Code Commodity 1575 http://legis.la.gov/lss/lss.asp?doc=108900/
^ "Definition of TESTATRIX".
^ For example, if the child attempted to kill the parent.
^ "Steps to Create an Estate Plan - Consumer Reports". Consumer Reports. Nov 2022. Retrieved 2020-04-21 .
^ Hartman, Rachel (2019-xi-06). "The Best Online Volition Making Programs". United states News & World Written report.
^ Ewoldt, John (2016-05-11). "Prince's estate highlights the value of creating a volition". Minneapolis Star Tribune. Archived from the original on 2022-05-11. Retrieved 2020-04-21 .
^ Sullivan, Paul (2018-09-07). "Making Wills Easier and Cheaper With Practise-It-Yourself Options". The New York Times. ISSN 0362-4331. Retrieved 2020-04-21 .
^ Beck, Laura W.; Bartlett, Stefania L.; Nerney, Andrew One thousand. "Wills: Connecticut" (PDF). Cummings & Lockwood, LLC. Applied Law. Retrieved 23 April 2022.
^ Loma, Catey (2015-xi-27). "Don't buy legal documents online without reading this story". Market place Watch . Retrieved 2020-04-21 .
^ "Convention providing a Uniform Constabulary on the Form of an International Will (Washington, D.C., 1973)". www.unidroit.org. 2022-xi-07. Retrieved 2020-02-22 .
^ ^a ^b ^c Eskin, Vicki; Driscoll, Bryan. "Estate Planning with Strange Property". American BAR Association. Retrieved 3 January 2022.
^ ^a ^b Fry, Barry (2012). "Cross Border Estate Issues" (PDF). Advoc . Retrieved vii June 2022.
^ Popovic-Montag, Suzana; Hull, Ian K. (two October 2022). "The Risks and Rewards of Multiple Wills". HuffPost Canada Business concern . Retrieved 7 June 2022.
^ "Thelongestlistofthelongeststuffatthelongestdomainnameatlonglast.com". thelongestlistofthelongeststuffatthelongestdomainnameatlonglast.com.
^ TARUN Bharat (www.tarunbharat.net) Nagpur, Saturday, 28 April 2022
^ PUNNYA NAGARI (Marāthi linguistic communication daily published at Nagpur) Friday 8 June 2022
^ On Campus News, January 23, 2009: The Concluding Will and Testament of Cecil George Harris
^ "NRS: CHAPTER 136 - PROBATE OF WILLS AND PETITIONS FOR LETTERS". world wide web.leg.country.nv.u.s.a..

Books [edit]

Assistants of Wills, Trusts, and Estates past Gordon W. Chocolate-brown, Delmar Cengage Learning (ISBN 978-0-7668-5281-5)

External links [edit]

Wikiquote has quotations related to: Wills

Wikimedia Commons has media related to Wills.

Citizens Advice Bureau (United kingdom)
Prerogative Courtroom of Canterbury wills (1384–1858) at the National Archives (pay per view)
Prerogative Court of Canterbury wills on Ancestry.co.britain (subscription)
Download the wills of famous people (UK National Archives)
William Shakespeare's Volition
Thomas Jefferson's Last Will
Jane Austen's Will