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A will and testament is a legal document that expresses a person's ( testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and ...
Simple wills are readily available online, but consulting with an attorney is recommended for a more complex estate or for unique circumstances. Draft the will: If you choose to create your own ...
Mutual wills are rare, and often another form of constructive trust is imposed (See Healey v Browne [2002] 2 WTLR 849). It is also noted (see Carnwath J in Re Goodchild ibid ) that a mutual will is a technical legal device requiring an intention to form a binding agreement and that this often differs from the "loose moral obligation ...
The rule against perpetuities is a legal rule in common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future ...
Residuary estate. A residuary estate, in the law of wills, is any portion of the testator 's estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails. [ 1] It is also known as a residual estate or simply residue . The will may identify the taker of the residuary estate ...
In common law, an estate is a living or deceased person's net worth. It is the sum of a person's assets – the legal rights, interests, and entitlements to property of any kind – less all liabilities at a given time. The issue is of special legal significance on a question of bankruptcy and death of the person. (See inheritance .)
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