Kansas Wills

Kansas Legal Documents

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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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Kansas Legal Documents

Spanish explorer Francisco de Coronado, in 1541, is considered the first European to have traveled this region. Sieur de la Salle’s extensive land claims for France (1682) included present-day Kansas. Ceded to Spain by France in 1763, the territory reverted to France in 1800 and was sold to the U.S. as part of the Louisiana Purchase in 1803.

Lewis and Clark, Zebulon Pike, and Stephen H. Long explored the region between 1803 and 1819. The first permanent white settlements in Kansas were outposts—Fort Leavenworth (1827), Fort Scott (1842), and Fort Riley (1853)—established to protect travelers along the Santa Fe and Oregon Trails.

Just before the Civil War, the conflict between the pro- and anti-slavery forces earned the region the grim title of Bleeding Kansas.

Today, wheat fields, oil-well derricks, herds of cattle, and grain-storage elevators are chief features of the Kansas landscape. A leading wheat-growing state, Kansas also raises corn, sorghum, oats, barley, soybeans, and potatoes. Kansas stands high in petroleum production and mines zinc, coal, salt, and lead. It is also the nation’s leading producer of helium.

Wichita is one of the nation’s leading aircraft-manufacturing centers, ranking first in production of private aircraft. Kansas City is an important transportation, milling, and meat-packing center.

Points of interest include the Kansas History Center at Topeka, the Eisenhower boyhood home and the Eisenhower Memorial Museum and Presidential Library at Abilene, John Brown’s cabin at Osawatomie, re-created Front Street in Dodge City, Fort Larned (an important military post on the Santa Fe Trail), Fort Leavenworth, and Fort Riley.

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