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A female testator is sometimes referred to as a testatrix (/ t ɛ s ˈ t eɪ t r ɪ k s /), plural testatrices (/ t ɛ s t ə ˈ t r aɪ s iː s /), particularly in older cases. [2]In Ahmadiyya Islam, a testator is referred to as a moosi, [3] who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Promised Messiah, thus committing a portion, not less than one ...
The testator must clearly identify themselves 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 ...
A power of appointment is a term most frequently used in the law of wills to describe the ability of the testator (the person writing the will) to select a person who will be given the authority to dispose of certain property under the will. Although any person can exercise this power at any time during their life, its use is rare outside of a ...
certainty of intention – whether the settlor (or testator) has manifested an intention to create a trust. certainty of subject matter – whether the property identified as being settled is sufficiently accurately identified. [e] certainty of objects – the beneficiaries must be clearly ascertainable within the perpetuity period. [f]
Even when a testator is found to have lacked testamentary capacity due to senility, loss of memory due to the aging process, infirmity or insanity, courts will sometimes rule that the testator had a "temporary period of lucidity" or a "lucid moment" at the time of the execution of the testamentary instrument. Such finding will validate a will ...
The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary. The testator must be expressing a wish to direct the distribution of his or her estate (or parts thereof) to beneficiaries.
In Olins v Walters [2009] 2 WLR 1 C.A. [6] the Court of Appeal has held that although it is a necessary condition for mutual wills that there is clear and satisfactory evidence of a contract between the testators, it is a legally sufficient condition that the contract provides, in return for one testator agreeing to make a will in a particular ...
The testator devises assets to a class of beneficiaries where the testator controls membership. For example, Joey leaves the contents of his bank account "to my employees." If Joey then fires some of old employees and hires new ones, the new employees will inherit the contents of the bank account under this provision.