Will

Legal Definition and Related Resources of Will

Meaning of Will

A document containing a disposition or a declaration by which the person making it expresses his wish as to the disposition of his property, to be performed or taking effect after his death. It includes a codicil. Its validity insofar as its execution is concerned depends entirely upon its compliance with the statutory requirements in that behalf in force at the time of its execution. See Colton v Colton, 127 U.S. 300, 8 S.Ct. 1164,32 L.Ed. 138. § 1-201 of Uniform Probate Code defines will as including codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. At common law, formerly the term will referred only to disposition of real estate whereas the term testament referred to disposition of personal property. Re Duffy’s Estate, 228 Iowa 426, 292 N. W. 165. This distinction is still recognized in some juridictions, e.g., Wyers v. Arnold, 347 Mo. 417, 147 S. W.2d 644. Also see Codicil, Intestacy, Testament, Testamentary Capacity.

Will Alternative Definition

The legal declaration of a man’s intention respecting the disposition of his property, which he wills to be performed after his death. See 2 Bl. Comm. 309. See Joint Will. The word is of common-law origin, the corresponding civil-law terra being testament (q.v.) Will, testament, and last will and testament are now said to be synonymous. Schouler, Wills, § 2. In general, any instrument executed with the required formalities, conferring no present rights, but intended to take effect on the death of the maker, will be considered to be a will. 4 Wend. (N. Y.) 168; 104 Pa. St. 240.
(1) Holographic (or olographic) wills are those written and signed entirely with the testator’s own hand. By reason of this, certain formalities in execution are in some jurisdictions dispensed with.
(2) Nuncupative wills are those made by oral declaration in the presence of witnesses. They are not in use in the United States, and in England are confined to seamen and soldiers in active service.
(3) Mystic wills, in Louisiana, are wills sealed in the presence of witnesses. See Mystic Testament.

Synonyms of Will

(Desire), noun

  • animus
  • aspiration
  • backbone
  • choice
  • command
  • decision
  • desideration
  • determination
  • disposition
  • grit
  • hankering
  • hope
  • inclination
  • intent
  • longing
  • mind
  • pleasure
  • power of choosing
  • power of determination
  • preference
  • purpose
  • resoluteness
  • resolution
  • selfcontrol
  • selfdiscipline
  • velleity
  • volition
  • voluntas
  • want
  • wish
  • yearning
  • foreign phrases: Voluntas donatoris in charta doni sui manifeste expressa observetur
  • The will of the donor w’hicn is clearly expressed in his deed of gift should be observed
  • Furiosi nulla voluntas est
  • A madman has no will

(Testamentary instrument), noun

  • bequeathal
  • bestowal
  • document
  • dispensation
  • disposition
  • instrument
  • legacy
  • testament
  • testamentum Associated Concepts: absolute will
  • alienation
  • alteration
  • ambulatory will
  • appointment of an administrator
  • attempt to defeat will
  • bequest
  • cancellation
  • challenge to a will
  • codicil
  • commercial will
  • conditional will
  • conjoint will
  • contested will
  • contractual wills
  • counter wills
  • devise
  • election
  • execute a will
  • executor named in a will
  • existence of a will
  • forgery of a will
  • gift inter vivos
  • holographic will
  • incorporation by reference
  • instructions
  • joint wills
  • mutual wills
  • nuncupative will
  • precatory words
  • probate
  • property which passes by will
  • pursuant to terms of will
  • reciprocal wills
  • revocation of a will
  • suit for construction of a will
  • suit to annul or suspend a will
  • unconditional will
  • validity of a will
  • voidable will
  • witness to a will
  • written instrumentforeign phrases: Da tua dum tua sunt
  • post mortem tunc tua non sunt
  • Give that which is yours while it is yours; after death it is not yours
  • Haereditas est successio in universum jus quoddefunctus habuerit
  • Inheritance is the succession to every right which the deceased had possessed
  • Sola ac per se senectus donationem testamentum aut transactionem non vitiat
  • Old age does not alone and of itself vitiate a will
  • gift
  • or transaction
  • Haereditas nihil aliud est
  • quam successio in universum jus
  • quod defunctus habuerit
  • An inheritance is nothing other than the succession to all the rights which the deceased had
  • In testamentis plenius testatoris intentionem scrutamur
  • In wills
  • the intentions of the testators should be fully regarded
  • In testamentis ratio tacita non debet considerari
  • sed verba solum spectari debent; adeo per divinationem mentis a verbis recedere durum est
  • In wills an unexpressed intention ought not to be considered
  • but the words alone ought to be regarded; for it is difficult to recede from the words by guessing at their intention
  • In dubiis
  • ln doubtful cases
  • there is no presumption in favor of the will
  • Interest reipublicae suprema hominum testamenta rata haberi
  • It concerns the state that men’s last wills be held valid
  • Quae in testamento ita sunt scripta ut intelligi non possint
  • perinde sunt ac si scripta non essent
  • Things whicn are so written in a will that they cannot be understood
  • are the same as if they had not been written at all
  • Testatoris ultima voluntas est perimplenda secundum veram intentionem suam
  • The last will of a testator is to be thoroughly fulfilled according to his true intention
  • Non alitera significatione verborum recedi oportet quam cum manifestum est
  • aliud sensisse testatorem
  • The ordinary meaning of the words ought not to be departed from unless it is evident that the testator intended otherwise
  • Ubipugnantia inter se in testamento juberentur
  • neutrum ratum est
  • neither is held valid
  • Cum in testamento ambigue aut etiam perperam scriptum est benigne interpretari et secundum id quod credibile est cogitatum credendum est
  • When an ambiguous
  • or even an incorrectly written
  • expression is found in a will
  • it should be interpreted liberally and according to what is the probable intention of the testator
  • Omne testamentum morte consummatum est
  • Omne testamentum morte consummatum est
  • Every will or testament is consummated by death
  • Nemo plus commodi haeredi suo relinquit quam ipse habuit
  • No one leaves a greater advantage for his heir than he himself had
  • Ambulatoria est voluntas defunctiusque ad vitae supremum exitum
  • The will of a deceased person is revocable until the last moment of life
  • Relatio semperfiat ut valeat dispositio
  • Reference should always be made that a testamentary disposition may be effective
  • Quae in testamento ita sunt scripta ut intelligi non possint
  • perinde sunt ac si scripta non essent
  • Things whicn are so written in a will that they cannot be understood
  • are the same as if they had not been written at all
  • Testatoris ultima voluntas est perimplenda secundum veram intentionem suam
  • The last will of a testator is to be thoroughly fulfilled according to his true intention
  • Non alitera significatione verborum recedi oportet q
    uam cum manifestum est
  • aliud sensisse testatorem
  • The ordinary meaning of the words ought not to be departed from unless it is evident that the testator intended otherwise
  • Ubipugnantia inter se in testamento juberentur
  • neutrum ratum est
  • When two directions conflicting with each other are given in a will
  • neither is held valid
  • Cum in testamento ambigue aut etiam perperam scriptum est benigne interpretari et secundum id quod credibile est cogitatum credendum est
  • When an ambiguous
  • or even an incorrectly written
  • expression is found in a will
  • it should be interpreted liberally and according to what is the probable intention of the testator
  • Omne testamentum morte consummatum est
  • Every will or testament is consummated by death
  • Nemo plus commodi haeredi suo relinquit quam ipse habuit
  • No one leaves a greater advantage for his heir than he himself had
  • Ambulatoria est voluntas defunctiusque ad vitae supremum exitum
  • The will of a deceased person is revocable until the last moment of life
  • Relatio semperfiat ut valeat dispositio
  • Reference should always be made that a testamentary disposition may be effective
  • Cum duo inter se pugnantia reperiuntur in testamento
  • ultimum ratum est
  • When two repugnant matters are found in a will
  • the last one will be confirmed
  • Voluntas facit quod in testamento scriptum valeat
  • The will of the testator gives validity to what is written in the will
  • Opinio quae favet testamento est tenenda
  • An opinion which favors a will is to be followed

Definition of Will in the Free Online Notary Dictionary

Legal Document Containing A Person’s Wishes About Disposition Of Personal Property After Death; Short For “Last Will And Testament.”

Find similar definitions of the Will concept in the Notary Dictionary, to be used to allow for comparison of legal terms meanings.

Related Entries of Will in the Encyclopedia of Law Project

Browse or run a search for Will in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Will in Historical Law

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Will in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

A declaration fo the mind, either by word or writing, in disposing of an estate; to take place after the death of the testator. A will is to be considered as the “testament”, and the instrument. The testament is the result and effect in law of what is the will, that consists of all the parts, including a codicil. The intent of the testator is the cardinal rule by which to construe a will. See further, Testament.

Note: This legal definition of Will in the Dictionary of Law (English and American Jurisprudence) is from 1893.

English Spanish Translation of Will

Testamento (to draw up a will)

Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Will) and the Word reference legal translator.

Will in the American Legislation

Definition of Will provided by the Uniform Probate Code:

Includes codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.

Will in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of will.

Resources

See Also

  • Law Enforcement Officer
  • Police
  • Law Enforcement Agency

Further Reading

Meani
ng of Will in the U.S. Legal System

Definition of Will published by the National Association for Court Management: A legal declaration that disposes of a person’s property when that person dies.

Concept of Will in the context of Real Property

A short definition of Will: A written expression of the desire of a person as to the disposition of that person’s property after death. Must follow certain procedures to be valid.

Concept of Will in the context of Real Property

A short definition of Will: A written expression of the desire of a person as to the disposition of that person’s property after death. Must follow certain procedures to be valid.

Will

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