A will or testament is a legal declaration names one or more persons by which a person, the testator, to manage their estate and of their property.
In the strictest sense, a “will” has historically been restricted to real property while “testament” applies only to dispositions of personal property (thus giving rise to the popular title of the record as “Last Will and Testament”), though this distinction is seldom observed today. A will may additionally create a testamentary trust that is successful only after the testator’s death.
Any individual and of sound mind (having proper mental capacity) can draft her or his own will with or without the assistance of a lawyer. Additional requirements can vary greatly, based on the authority, but usually contain 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 normally called “publication” of the will, and is typically fulfilled by the words “last will and testament” on the face of the file.
The testator should declare that she or he revokes all previous wills and codicils. Otherwise, a subsequent will revokes earlier wills and codicils merely to the extent to which they are not consistent. On the other hand, if a following will is not utterly consistent with an earlier one, the earlier will is considered completely revoked by implication.
The testator may demonstrate he or she has the ability to dispose of their property (“sound mind”), and does so freely and voluntarily.
The testator must sign and date the will, generally in the presence of at least two disinterested witnesses (men who are not beneficiaries) . There can be extra witnesses, these are called “supernumerary” witnesses, if there is a question as to an interested-party struggle. Some jurisdictions, notably Pennsylvania, have 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 ordinarily demand no witnesses to be valid.
If witnesses are designated for property under the will they’re witnesses to, this has the effect, in many jurisdictions, of either (i) disallowing them to receive under the will, or (ii) invalidating their standing as a witness. In an increasing number of states in the usa, nonetheless, an involved party is only an improper witness regarding the clauses that benefit him or her (for instance).
The testator’s signature must be put at the finish of the will. If that is not discovered, any text will be dismissed, or the entire will may be invalidated if what comes after the signature is material that discounting it would defeat the testator’s intentions.
One or more beneficiaries (devisees, legatees) must normally be clearly stated in the text, but a valid will that only revokes a previous will is allowed by some jurisdictions, revokes names an executor, or a disposition in a previous will.
Texas is the second most populous and the second most substantial of the most substantial state of the 48 contiguous United States of America, and the 50 United States. The name, based on the Caddo word “Tejas” meaning “buddies” or “allies”, was applied by the Spanish to the Caddo themselves and to the region of their settlement in East Texas.
During the Spanish colonial rule, the area was formally known as the Nuevo Reino de Filipinas: La Provincia de Texas. Antonio Margil de Jesus was considered to be the first person to use the name in a letter to the Viceroy of Mexico. The name wasn’t popularly used in daily language but frequently appeared until the conclusion of the 1800s in legal documents.