Home (Testamentary)
Home  
 
 
Home » Law » Testamentary


 

Testamentary

Law TerritoryTestamentary capacity

Testamentary Capacity
It is a legal term referred to persons' full senses and mental sanity to have confirmed and signed the will after understanding what his assets comprises of and what he/she is doing by creating a will.

 


Testamentary Capacity:
The legal ability to make a will.
The Legal Dictionary has taken steps to ensure that all legal, law, and court terms contained in our legal dictionary are correct.

Testamentary capacity - The legal ability to make a will.
For legal advise regarding Testamentary capacity, you can contact our legal staff via phone (800) 341-2684 or email myweblawyer@aol.com .

Letters Testamentary: Document issued by the probate court giving the executor authority to administer the estate.
Liabilities: The amounts owed to another by any person, family, or business (i.e. a mortgage).

Letters Testamentary: Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.

testamentary trust
n. a trust created by the terms of a will. Example: "The residue of my estate shall form the corpus (body) of a trust, with the executor as trustee, for my children's health and education, ...

TESTAMENTARY TRUST: A trust created by the provisions in a will. Typically comes into existence after the writer of the will dies.
TESTATOR: The person who makes a will.
TITLE: Ownership of property.

Testamentary Capacity
The legal ability to make a will.
Testamentary Trust
A trust set up by a will.

testamentary Relating to probate and more specifically to wills, as distinguished from intestate.
testamentary disposition In probate, the disposition of property by will or by deed, to take effect upon the death of the grantor.

LETTERS TESTAMENTARY The formal instrument of authority and appointment given to an executor by the court, empowering him to discharge his office as executor.
LIABILITY A legal obligation, responsibility or duty.

holographic will: a testamentary instrument, will, in the handwriting of the testator. Idaho allows holographic wills; not all states do. The technical requirements for a valid holograph vary from state to state.

In testamentary causes, all documents of any kind, such as wills, codicils, drafts or instructions of same must be filed in the form of affidavits (termed affidavits of scripts).

testamentary " Of or pertaining to a will.
testate " A word used to describe a decedent who has left a valid will.
testator " The person who makes a will.

" Testamentary trust A trust which is to take effect only upon the death of the settlor and is commonly found as part of a will. Trusts which take effect during the life of the settlor are called inter vivos trusts.

"In its wider meaning the word custody is used as if it were almost the equivalent of guardianship in the fullest sense - whether the guardianship is by nature, by nurture, by testamentary disposition or by order of a court.

In Anglo-American law, the three principal classes of guardianship over children are testamentary, by nature, and by judicial appointment. In the first, statutes give parents the right to appoint a guardian by will.

A testamentary gift to set up an organization to carry out research into a new 40-letter alphabet for English was held, narrowly, not to create a valid CharitableTrust.

as a result of a contract for sale of land or testamentary instructions to sell real estate and divide the proceeds ...

executor - A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease. "Personal representative" includes "executor." ...

When a party is bound to elect between a paramount right and a testamentary disposition, his acquiescence in a state of things which indicates an election, when he was aware of his rights will be prima facie evidence of such election.

Will
A dispositive document prepared by or at the direction of a testator of sufficient testamentary capacity, indicating how property is to be disposed of as of the date of death.
Willful
Intentional; intending the result which comes to pass.

Distributee " One who receives property from a personal representative (but not a creditor or purchaser); a testamentary trustee to the extent of assets remaining in his/her hands; a beneficiary taking through a trustee.

Term: Will
Definition: A dispositive document prepared by or at the direction of a testator of sufficient testamentary capacity, indicating how property is to be disposed of as of the date of death.

To apply for and secure; to procure; as to "take out" a license, letters of administration or letters of testamentary, a policy of insurance, a writ of any kind. 5. The technical word in a precept ordering an arrest. 6.

Inter vivos: (Latin: between living persons) An inter vivos trust is set up to take effect while the settlor is still alive (as opposed to a testamentary trust, which takes effect only on the settlor's death).

See also: Will, Person, Court, Law, Property