Also known as: wills · testament · last will and testament
Written by attorneys · grounded in primary & secondary sources — see below
A written instrument by which a person directs the disposition of property after death. The document names an executor and beneficiaries and requires signature and attestation to take effect.
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Willow Walker executes a will naming her sister as executor and leaving her home to her nephew. After her death the probate court admits the will and the executor distributes the property according to its terms. The four-year term of the executor's service begins upon appointment.
Whitney Washington executes a will that leaves her vacation cabin to her niece and states she has no other children. After her death the niece offers the will for probate and the court accepts it because the factual recitals are consistent with the testator's known family circumstances.
Winston West offers a handwriting expert to testify that the signature on the will matches the testator's known samples. The court admits the testimony because the specialized knowledge helps the jury determine whether the document is authentic.
Wesley Wells executes a will that devises his shares in a closely held corporation to his son. The son presents the will to the corporate secretary after Wesley's death and the shares are transferred on the corporate books pursuant to the will's directions.
Winter Wolfe forges a will and submits it for probate. She consciously disregards the substantial risk that the forgery will be discovered and cause harm to the rightful heirs. The court finds her conduct reckless and imposes liability.
William Williams, a probate judge, receives an ex parte call from a lawyer about scheduling a hearing on a contested will. The judge believes no party will gain an advantage and promptly notifies the other side of the call.
A will must be signed by the testator and attested by the required number of witnesses. Some states also permit notarization as an alternative to witnesses.
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A will remains ambulatory and may be revoked or amended by a later will or codicil at any time before the testator's death.
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A lost will may still be probated if its contents can be proved by clear and convincing evidence, though some states impose additional hurdles.
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…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…