Also known as:last will and testament · will · testament · last will · testamentary instrument
Written by attorneys — see sources below.
A legal instrument by which a person directs the disposition of property after death. Execution requires compliance with statutory formalities such as signatures and witnesses to ensure validity.
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Cases
Statutes
How its tested
Common Examples
6
President Executes Final Will
Walter Washington signs a document directing his estate to his children. The document meets all state execution requirements. Upon his death the instrument controls distribution of his property.
Attorney Files Will Contest
Whitney White files a complaint alleging her father's will lacks proper execution. The pleading states that factual contentions about the signature will receive evidentiary support after discovery. The court accepts the filing under the applicable rule.
Expert Testifies on Forgery
William Williams offers an expert witness in a will contest. The expert's specialized knowledge helps the jury determine whether the signature on the will is authentic. The court admits the testimony.
Wayne Walker and other shareholders sign an agreement stating how they will vote shares in a corporation that holds estate assets under a will. The agreement is enforceable and not subject to voting trust rules.
Reckless Destruction of Will
Winter Wolfe consciously disregards a substantial risk that burning the original will would prevent its probate. The risk constitutes a gross deviation from the standard a law-abiding person would observe.
Judge Discusses Will Terms
A judge receives an ex parte communication about the terms of a pending will contest. The judge reasonably believes no party gains an advantage and promptly notifies all parties of the substance.
3 common questions
Students Frequently Ask...
What formalities must a will satisfy to be valid?
A will must be in writing, signed by the testator, and witnessed or notarized according to the governing probate statute.
How does a will differ from a trust?
A will takes effect only upon death and requires probate, while a trust can operate during life and avoid probate for transferred assets.
Can a statement about a will be admitted under the state-of-mind hearsay exception?
A declarant's statement of then-existing intent or plan regarding a will may be admitted, but a statement of memory or belief to prove the fact remembered is excluded unless it relates to the validity or terms of the will.
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…