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.
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.
The Constitution of Idaho is roughly modeled on the national constitution with several additions. The constitution defines the form and functions of the state government, and may be amended through plebiscite. Notably, the state constitution presently requires the state government to maintain a balanced budget. As result, Idaho has limited debt (construction bonds, etc.).
All of Idaho’s state laws are contained in the Idaho Code. The code is amended through the Legislature with the approval of the Governor. Idaho still follows its original state Constitution.
The constitution of Idaho provides for three branches of government: the executive, legislative and judicial branches. Idaho has a bicameral legislature, elected from 35 legislative districts, each represented by one senator and two representatives. Idaho still operates under its original (1889) state constitution.
Since 1946, statewide elected constitutional officers have been elected to four-year terms. They include: Governor, Lieutenant Governor, Secretary of State, Controller (Auditor before 1994), Treasurer, Attorney General, and Superintendent of Public Instruction.
Last contested in 1966, Inspector of Mines was an original elected constitutional office. Afterward it was an appointed position and ultimately done away with entirely in 1974. Idaho’s government has an alcohol monopoly.
Idaho is a state in the Rocky Mountain area of the United States. Idaho is the 14th most extensive, the 39th most populous, and the 7th least densely populated of the 50 United States. The state’s largest city and capital is Boise. Residents are called “Idahoans”. Idaho was admitted to the Union on July 3, 1890, as the 43rd state.
Idaho is a mountainous state with an area larger than that of all of New England. It is landlocked, surrounded by the states of Washington, Oregon, Nevada, Utah, Wyoming, Montana and the Canadian province of British Columbia. However, the network of dams and locks on the Columbia River and Snake River make the city of Lewiston the farthest inland seaport on the Pacific coast of the contiguous United States.