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Topic: Testator

In the News (Tue 14 Feb 12)

EXECUTIVE POWER

Iran

ANALYSIS

Pakistan

Family compact

	Testator's Family Maintenance Act, Re [1976] PNGLR 360 (1 September 1976)
		From 1961 the testator was confined to a wheelchair following a stroke and at the date of his death he and the applicant were living in affluent circumstances; the applicant was about twenty nine years of age, had never worked and had never been required to work.
		The inference to be drawn from that paragraph is that the testator was not the father of the children Diane Betty and John Stuart Maclean and this reflected on the character of the applicant in such a way as to empower the Court to refuse the application under s.
		I do not think that the testator would have envisaged or desired that the applicant in her declining years should be reduced to a position where she would be dependent upon finding employment for which she has little or no qualifications or upon a government pension.
	www.worldlii.org /pg/cases/PNGLR/1976/360.html (7024 words)

	Christ a Testator
		A Testator is one that is under a natural tie or obligation, and full of thoughts, cares, and good will to his friends, and hence provides for them when he is gone.
		Jesus Christ the Testator of the new Covenant, hath not only full power and authority to convey all gospel-blessings; but all grace here, and glory hereafter, is solely disposed of at His will and pleasure, in which way and to whom He pleases.
		Christ, the spiritual Testator, though He hath given away all that He hath, and gives the possession to believers by His last will and Testament; yet is co-heir of the same kingdom and glory, and shall possess it together with them.
	www.learnthebible.org /typology-christ-a-testator.htm (2245 words)

	I want to... Make a will
		Please note, however, that in cases where the gifts intended to be made by a testator are not simple, as for instance, where he or she wishes to "tie up” a portion or the whole of the property for some person's lifetime, or during some person's minority i.e.
		A testator must sign his name at the foot or end of the will in the presence of at least two witnesses, both being present at the same time while the testator is signing.
		If a testator is illiterate or blind, and only capable of placing an “x”, the will must state that the will was read over to the testator and he/she understood the contents of the will and then placed his/her “x” in the presence of both witnesses.
	www.agd.gov.jm /IWantToMakeAWill.html (800 words)

	ADEMPTION: CRACKS IN THE IDENTITY THEORY PROVIDE OPPORTUNITIES- 1996
		If the testator became incompetent after execution of the will and a guardian has sold property of the testator that was specifically bequeathed under a will during the testator's incompetency, a question may exist as to whether an ademption has occurred.
		For example, when a testator sold some, but not all, of the corporate stock, specifically bequeathed, the bequest is adeemed to the extent of the securities sold but remains valid for the securities the testator retained until death.
		If the testator states he or she gives "my stock or the proceeds" to a particular legatee, then the testator has effectively anticipated and drafted around the principle of ademption, and the beneficiary will receive the proceeds from the bequest.
	www.abanet.org /rppt/publications/magazine/1996/adempt.html (2019 words)

	CanadaWills.com - Legal Considerations
		Testator's signature must be made by him or her in the presence of 2 or more witnesses that are both present at the same time.
		The Testator must be of the Age of Majority in his or her Province.
		The Testator must have Mental Capacity and be free of mental disorder.
	www.canadawills.com /legal_considerations.htm (3678 words)

	Pierre CHONÉ, international will, convention
		This is justified by the fact that the will produced by the testator might have been materially drawn up by a person other than the testator and even, in theory, in a language which is not his own.
		The signature of the testator might be missing: in this case, the will must contain a note made by the authorised person indicating that the testator was incapable of signing, adding his reason.
		The fact that the testator keeps a copy of the certificate is a useful reminder for him, especially when his will is being kept by the authorised person or deposited with someone designated by national law.
	www.cabinetchone.com /website/will/law.html (5249 words)

	Connecticut Public Acts 1996
		In the abatement of the devises and legacies of the then-living children, to the maximum extent possible the character of the testamentary plan adopted by the testator shall be preserved.
		Property prevented from passing to a former spouse due to revocation by dissolution, divorce or annulment shall pass as if the former spouse failed to survive the testator, and other provisions conferring power or office on the former spouse shall be interpreted as if the spouse failed to survive the testator.
		A decree of separation which does not terminate the status of husband and wife is not a dissolution or divorce for the purposes of this section.
	www.cslib.org /pa/pa095.htm (464 words)

	New NJ Probate Law CHAPTER 132 of 2004
		The intention of a testator as expressed in his will controls the legal effect of his dispositions, and the rules of construction expressed in N.J.S.3B:3-34 through N.J.S.3B:3-48 shall apply unless the probable intention of the testator, as indicated by the will and relevant circumstances, is contrary.
		If the devisee fails to survive the testator, in the case of a substituted devise or a devise saved from lapse, the gift is treated as a full or partial satisfaction of the devise, as appropriate, unless the testator's contemporaneous writing provides otherwise.
		If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child is entitled to a share in the estate as if the child were an omitted after-born or after-adopted child.
	www.njlaws.com /new_NJ_probate_law_CHAPTER_132_of_2004.htm (8453 words)

	Chapter 112 — Intestate Succession and Wills
		An encumbrance or disposition of property by a testator after the testator makes a will does not affect the operation of the will upon a remaining interest therein that is subject to the disposal of the testator at the time of the death of the testator.
		Any property acquired by the testator after the making of a will passes thereby, and in like manner as if title thereto were vested in the testator at the time of making the will, unless the intent expressed in the will is clear and explicit to the contrary.
		Sale by an agent of the testator or by a trustee under a revocable living trust created by the testator, the principal of which is to be paid to the personal representative or estate of the testator on the death of the testator, is a sale by the testator for purposes of this section.
	www.leg.state.or.us /ors/112.html (7968 words)

	LegalTips.ORG - Texas PROBATE CODE - CHAPTER IV (Site not responding. Last check: 2007-10-06)
		For this purpose, an affidavit that is subscribed and acknowledged by the testator and subscribed and sworn to by the witnesses would suffice as being in substantial compliance.
		But, if in such case the witness would have been entitled to a share of the estate of the testator had there been no will, he shall be entitled to as much of such share as shall not exceed the value of the bequest to him in the will.
		Pretermitted Child (a) Whenever a pretermitted child is not mentioned in the testator's will, provided for in the testator's will, or otherwise provided for by the testator, the pretermitted child shall succeed to a portion of the testator's estate as provided by Subsection (a)(1) or (a)(2) of this section.
	www.legaltips.org /texas/PB/pb.000.00.iv.00.aspx (1865 words)

	Estate Planning Attorneys- Probate Lawyers
		A testator may revoke his or her will by destroying it, either by burning or tearing it up, or by obliterating the signature.
		Marriage of the testator subsequent to the date of execution of the will revokes the will as to the surviving spouse or children, who are entitled to the same rights in the estate as if the testator had died intestate, that is, without leaving a will.
		The most important rule of construction is that the intention of the testator as it appears from the will shall be carried out whenever legally possible; when the will is ambiguous, the circumstances surrounding its execution may be examined in order to ascertain the testator's intention.
	www.law4usa.org /wills.htm (1012 words)

	CHAPTER 802a* WILLS: EXECUTION AND CONSTRUCTION
		(2) The testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.
		Every devise purporting to convey all the real property of the testator shall be construed to convey all the real property belonging to him at the time of his decease, unless it clearly appears by his will that he intended otherwise.
		When a testator, by his will, bequeaths the use, for life or for a term of years, of any livestock, provisions, wearing apparel or other personal property which will necessarily be consumed by using, such bequest shall give to the legatee an absolute estate in the property so bequeathed.
	www.cga.ct.gov /2005/pub/Chap802a.htm (3283 words)

	Will Contest (Site not responding. Last check: 2007-10-06)
		A bequest or devise is not unlawful or contrary to public policy because a testator imposes restrictions thereon, discriminates against some of his nature heirs or all of them, or because he or she exhibits a prejudice.
		A marriage of the testator after making the Will gives the survivor spouse the right to a share of the estate to which he or she would have been entitled had the testator died intestate (without a Will) unless the Will gives him or her a greater share.
		The fact that a testator, at the time of the execution of his or her Will, held absurd opinions or peculiar beliefs is insufficient to invalidate a Will when it shows merely that the testator held particular beliefs or opinions not necessarily incompatible with testamentary capacity.
	www.lawwalk.com /WillContest.htm (2074 words)

	Welcome to the Los Angeles County Bar Association Website
		The sudden and frequent presence near the testator of a meddlesome relative who assists the testator in the chores and tasks of everyday living is the basis for a determination of âundue influenceâ regarding how the activities of the relative affected the questioned instrument.
		Testimony of the subscribing witnesses as to the testatorâs mental capacity at the time of execution of the instrument in question is easily rebutted.
		The testimony of a physician, nurse, or caregiver as to the testatorâs mental state at about the time of the execution of the instrument in question can be highly regarded evidence on the subject of the testatorâs mental capacity during this general time period.
	www.lacba.org /showpage.cfm?pageid=1310 (991 words)

	[No title] (Site not responding. Last check: 2007-10-06)
		Moreover, in most cases the testator knows that the pattern of ownership she has described will be brought about by the actions of the executor named in the will.
		The testator was survived by the negative beneficiaries (one of whom, her daughter Mary, was her sole heir) and a number of other relatives.
		The testator might not have known--indeed, probably did not know--the identity of the other intestate takers and had no intent about them; all she intended is that the negative beneficiary get nothing.
	review.law.mercer.edu /old/48308.htm (8812 words)

	Revoking a Will, Methods
		If a testator announces an intention to revoke his or her will, but does not act on that intention, the testator's will is not revoked.
		If an act that would otherwise revoke a will is not done without the testator's knowledge or at his or her direction, the testator's will is not revoked.
		Not only must a testator have the intent to revoke his or her will to revoke his or her will, the testator must also have the same basic capacity required to make the will in the first place.
	mysite.verizon.net /res8j0uv/id23.html (496 words)

	Maryland Estate Planning \| Formalities of Wills
		Although it may be best practice to gather the testator and the witnesses in one room together in accord with traditional practice, that is not strictly necessary in Maryland.
		Although it may be best practice to have the testator identify that it is a will to which he wants the witnesses to subscribe, it is not strictly necessary for the testator to identify the document.
		Under the line-of-vision test the testator needs to be able to watch the witness sign (regardless of whether, in fact, the testator actually witnessed the signature).
	www.fredfranke.com /lecture08.htm (1141 words)

	Types of Wills
		It must be in writing and signed by the testator (person making the will) or in the testator's name by some other person in the testator's conscious presence and by his or her direction.
		It shall be signed by at least 2 individuals, each of whom signed within a reasonable time after he or she witnessed either the signing of the will or the testator's acknowledgment of that signature or acknowledgment of the will.
		Pursuant to MCL 700.2504(5) instead of the testator and witnesses each making a sworn statement before an officer authorized to administer oaths as prescribed above, a will or codicil may be made self-proved by a written statement that is not a sworn statement.
	courts.co.calhoun.mi.us /note0017.htm (754 words)

	ESTATE PLANNING NOTEBOOK: Will Formalities
		Signed in the testator's name by some other person in the testator's presence and by the testator's direction (known as a proxy signature; may be used even if testator is able to write).
		Even if there are sections of the will that are not in the testator's handwriting, as long as the material provisions are in the testator's handwriting, the will is valid.
		Each witness shall observe the testator's signing and each witness shall sign his or her name in the presence of the testator.
	home.pon.net /jmt/law/TwoL/ep/epn/wills.htm (437 words)

	Legal Will
		It is accepted that a testator has the right to dispose of all his assets as he pleases.
		A testator nominates an executor whose duty it is to execute the wishes of the Testator in terms of the content of the will and in terms of the Administration of Estates Act No 66 of 1965.
		On the death of the testator the will is filed at the Master of the High Court who ensures that the will is administrated and executed correctly.
	library.thinkquest.org /C0126375/legal_will.htm (863 words)

	Testator - Wikipedia, the free encyclopedia
		A testator is a person who has made a legally binding will or testament, which specifies what is to be done with that person's family and/or property after death.
		A female testator is sometimes referred to as a testatrix, particularly in older cases.
		This article or section does not cite its references or sources.
	en.wikipedia.org /wiki/Testator (125 words)

	Free - Connecticut Last Will and Testament (Single Adult with No Children) - Free Legal Form
		I desire to be buried in the _____________________________ cemetery in __________________ County, __________________.
		We declare that we are of sound mind and of the proper age to witness a will, that to the best of our knowledge the testator is of the age of majority, or is otherwise legally competent to make a will, and appears of sounds mind and under no undue influence or constraint.
		The testator, along with three witnesses, must sign the Affidavit together in the presence of a notary public.
	home.earthlink.net /~anna-liza/will.htm (1003 words)

	WILLS: TERMINOLOGY
		testator directing what is to be done with her property upon her death.
		Executor: A person appointed by the testator in her will to see that the will is administered and the testator’s property is disposed of as the testator wished.
		Testamentary Capacity: The testator must be of legal age and sound mind at the time he makes the will.
	profj.us /25w/law13/chp51outline.htm (1271 words)

	Indiana Code 29-1-6
		With respect to a devise which does not take effect at the testator's death, the time when such class is to be ascertained shall be the time when the devise is to take effect in enjoyment.
		Any person adopted after the person's twenty-first birthday by the testator shall be considered the child of the testator, but no other person shall be entitled to establish relationship to the testator through such child.
		(j) If a testator devises or bequeaths property to be added to a trust or trust fund which is clearly identified in the testator's will and which trust is in existence at the time of the death of the testator, such devise or bequest shall be valid and effective.
	www.state.in.us /legislative/ic/code/title29/ar1/ch6.html (1364 words)

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