Also known as: last wills · will · last will and testament
Written by attorneys · grounded in primary & secondary sources — see below
A document by which a person directs his or her estate to be distributed upon death.
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Levi Lowe executes a last will naming his sister as sole beneficiary of his estate. After his death the probate court appoints the sister to receive the assets. The appointment follows the directions in the will for distribution of the estate.
Lena Lawson files a last will with the court. A challenger alleges the document contains false statements about asset ownership. The court requires the proponent to show that the factual contentions have evidentiary support or will likely have it after discovery.
Lily Lopez offers expert testimony that the testator lacked capacity when signing the last will. The court admits the testimony because the expert's specialized knowledge will help the trier of fact determine whether the testator understood the document's terms.
Lars Lindstrom and his siblings sign an agreement governing how they will vote shares devised to them under their mother's last will. The agreement is enforceable and not subject to voting-trust restrictions.
Lucy Liu signs a last will while consciously disregarding a substantial risk that the witnesses are not present. The court finds she acted recklessly with respect to the statutory execution requirements.
Lance Lee contacts the probate judge privately about scheduling a hearing on his father's last will. The judge permits the contact after determining that no party will gain a procedural or substantive advantage.
A last will directs the distribution of a person's estate after death. A living will addresses medical treatment decisions during life. The dictionary entry focuses solely on the testamentary document.
Supporting sources
The definition describes a document, which is understood to be a written instrument. Oral statements alone do not constitute a last will under standard probate rules.
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Yes. The document remains ambulatory and can be altered or revoked by the testator at any time before death, provided the formalities for a new will or codicil are met.
Supporting sources
…omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State to be sealed and recorded, it is irrevocable; the appointment is complete. A mandamus is the proper remedy to…