District of Columbia Wills

District of Columbia Legal Templates

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A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death. For the devolution of property not disposed of by will, see inheritance and intestacy.

In the strictest sense, a “will” has historically been limited to real property while “testament” applies only to dispositions of personal property (thus giving rise to the popular title of the document as “Last Will and Testament”), though this distinction is seldom observed today. A will may also create a testamentary trust that is effective only after the death of the testator.

Any person over the age of majority and of sound mind (having appropriate mental capacity) can draft his or her own will with or without the aid of a lawyer. Additional requirements may vary, depending on the jurisdiction, but generally include the following requirements:

The testator must clearly identify himself or herself as the maker of the will, and that a will is being made; this is commonly called “publication” of the will, and is typically satisfied by the words “last will and testament” on the face of the document.

The testator should declare that he or she revokes all previous wills and codicils. Otherwise, a subsequent will revokes earlier wills and codicils only to the extent to which they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, the earlier will is considered completely revoked by implication.

The testator may demonstrate that he or she has the capacity to dispose of his or her property (“sound mind”), and does so freely and willingly.

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The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). There may be extra witnesses, these are called “supernumerary” witnesses, if there is a question as to an interested-party conflict. Some jurisdictions, notably Pennsylvania, have long abolished any requirement for witnesses. In the United States, Louisiana requires both attestation by two witnesses as well as notarization by a notary public. “Holographic” or handwritten wills generally require no witnesses to be valid.
If witnesses are designated to receive property under the will they are witnesses to, this has the effect, in many jurisdictions, of either (i) disallowing them to receive under the will, or (ii) invalidating their status as a witness. In a growing number of states in the United States, however, an interested party is only an improper witness as to the clauses that benefit him or her (for instance, in Illinois).

The testator’s signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator’s intentions.

One or more beneficiaries (devisees, legatees) must generally be clearly stated in the text, but some jurisdictions allow a valid will that merely revokes a previous will, revokes a disposition in a previous will, or names an executor.

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Residents of the District of Columbia have no voting representation in Congress. They are represented in the House of Representatives by a non-voting delegate, currently Eleanor Holmes Norton (D-D.C. At-Large), who may sit on committees, participate in debate, and introduce legislation, but cannot vote on the House floor. The District has no representation in the United States Senate. Unlike residents of U.S. territories such as Puerto Rico or Guam, which also have non-voting delegates, D.C. residents are subject to all U.S. federal taxes. In the financial year 2007, D.C. residents and businesses paid $20.4 billion in federal taxes; more than the taxes collected from 19 states and the highest federal taxes per capita.

A 2005 poll found that 78% of Americans did not know that residents of the District of Columbia have less representation in Congress than residents of the 50 states. Efforts to raise awareness about the issue have included campaigns by grassroots organizations as well as featuring the city’s unofficial motto, “Taxation Without Representation”, on D.C. vehicle license plates. There is evidence of nationwide approval for DC voting rights; various polls indicate that 61 to 82% of Americans believe that D.C. should have voting representation in Congress. Despite public support, attempts to grant the District voting representation, including the D.C. statehood movement and the proposed District of Columbia Voting Rights Amendment, have been unsuccessful.

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