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As the Florida appellate court pointed out, "[w]e cannot rewrite Florida probate law to accommodate a Michigan attorney more familiar with the Uniform Probate Code." [4] The Uniform Law Commission does not list Florida as one of the states that has adopted the Uniform Probate Code. [5]
Traditionally, letters of administration granted to a representative of a testator's estate are called "letters of administration with the will annexed" or "letters of administration cum testamento annexo" or "c.t.a.". Essentially, this document is issued to the person who will administer the estate of someone who dies without a will.
In the United States, attestation clauses were formally introduced into probate law with the promulgation of the first version of the Model Probate Code in the 1940s. Statutes that authorize self-proved wills typically provide that a will that contains this language will be admitted to probate without affidavits from the attesting witnesses.
The final text of the Uniform Trust Code (UTC) was approved by the ULC commissioners in August 2000. The American Bar Association's House of Delegates officially endorsed the UTC in February 2001. The following months saw the finalization of detailed interpretive comments in April 2001 and minor clean-up revisions in August 2001. [ 2 ]
Virtually all trusts are made in written form, either through an inter vivos or "living trust" instrument (created while the settlor is living) or in a will (which creates a testamentary trust). Therefore, in understanding certain terms in a trust, general rules of construction regarding interpretation of wills or other testamentary documents ...
The Texas Administrative Code is a subject-based compilation of all rules and regulations promulgated by Texas state agencies. The Code was originally created by legislation in 1977 with the passage of Administrative Code Act. [1] In 1995, H.B. 2304 was enacted, which required that the Secretary of State make the Administrative Code available ...
A codicil is a testamentary or supplementary document similar but not necessarily identical to a will.The purpose of a codicil can differ across jurisdictions.It may serve to amend, rather than replace, a previously executed will, serve as an alternative or replacement to a will, or in some instances have no recognized distinction between it and a will.
The testamentary capacity matter is most frequently raised posthumously, when an aggrieved heir contests the will entered into probate. For this reason, in the absence of the ability to interview the testator directly, a forensic psychiatrist or forensic psychologist may evaluate a testator’s capacity by reviewing videotape of the drafting of ...
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