Chapter 40: Wills and Inteststacy

I. Basic Terms of the Will

  1. Executor/Executrix– Male/Female who are sworn to administer all the terms set forth in a will.
  2. Testator/Testatrix- Male/Female who creates the will
  3. Decedent- Person who has passed away.
  4. Bequest- To express the clear intention of the disposition of  item of an estate to a beneficiary.
  5. Beneficiary- anyone legally named in a will that will receive a benefit.
  6. Heirs- Anyone related by blood to the decedent.

II. Formal Requirements

  1. Be in writing
  2. Be witnessed by at least 3 individuals who are not beneficiaries.
  3. Oral Exception: NUNCUPATIVE will- In emergency situations (soldier at war) an oral will can be made distributing only personal property.
  4. Wills can be handwritten- Holographic will, transfers only personal property.

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