This article needs additional citations for verification. Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (November 2007)

Wills, trusts and estates

Part of the common law series

Wills

Wills (legal history) Joint wills and mutual wills Will contract · Codicil Holographic will · Oral will

Sections Attestation clause Residuary clause Incorporation by reference

Contest Testamentary capacity Undue influence Insane delusion · Fraud

Property disposition Lapse and anti-lapse Ademption · Abatement Acts of independent significance Elective share Pretermitted heir

Trusts

Express · Constructive Resulting

Common types Bare · Discretionary Accumulation and Maintenance Interest in possession Charitable · Purpose · Incentive

Other types Protective · Spendthrift Life insurance · Remainder Life interest Reversionary interest Honorary · Asset-protection Special needs (Supplemental Needs)

Governing doctrines Pour-over will Cy-près doctrine

Estate administration

Intestacy · Testator · Probate Power of appointment Simultaneous death · Slayer rule Disclaimer of interest · Inheritance tax

Related topics

Living will (advance directives) Totten trust

Other common law areas

Contract · Tort · Property Criminal law · Evidence

v • d • e

A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death.^[1] It is any "person who makes a will."^[2]

[edit] Related terms

• A female testator is sometimes referred to as a testatrix, particularly in older cases.^[2]
• The adjectival form of the word is testamentary, as in:

1. Testamentary capacity, or mental capacity or ability to execute a will and
2. Testamentary disposition, or gift made in a will (see that article for types).

• A will is also known as a Last will and testament.
• Testacy means the status of being testate, that is, having executed a will. The property of such a person goes through the probate process.
• Intestacy means the status of not having made a will, or to have died without a valid will. The estate of a person who dies intestate, undergoes administration, rather than probate.
• The Attestation clause of a will is where the witnesses to a will attest to certain facts concerning the making of the will by the testator, and where they sign their names as witnesses.

[edit] References

This law-related article is a stub. You can help Wikipedia by expanding it.