DOCSLIB.ORG

Chapter 6: Final Draft and Execution of a Valid Will

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Chapter 6: Final Draft and Execution of a Valid Will CHAPTER 6: FINAL DRAFT AND EXECUTION OF A VALID WILL MATCHING a. exordium clause b. residuary clause c. conservator d. delay clause e. simultaneous death clause f. principal g. attestation clause h. medical power of attorney i. nondurable power of attorney j. springing power of attorney 1. A person who directs an agent to act for the principal’s benefit subject to the principal’s direction and control 2. A statement in a will that determines the distribution of property in the event there is no evidence as to the priority of time of death of the testator and another, usually the testator’s spouse 3. The authority of a person to act on behalf of the principal that is triggered by the occurrence of a specified anticipated event 4. The authority of a person to act on behalf of the principal that ends when a specified event occurs 5. The guardian and manager of property left to minor or incompetent children 6. The authority of a person appointed by a patient to make decisions about his/her medical care when he/she becomes incapacitated and unable to make such decisions 7. A requirement of most states that a person must survive the first decedent by at least 120 hours to qualify as a surviving beneficiary 8. The beginning or introductory clause of a will 9. A statement by the witnesses in a will that they have attested and subscribed the testator’s signature 10. A statement in a will that disposes of the remaining assets of the decedent’s estate after all debts and gifts in the will are satisfied 1. ANS: F 2. ANS: E 3. ANS: J 4. ANS: I 5. ANS: C 6. ANS: H 7. ANS: D 8. ANS: A 9. ANS: G 10. ANS: B TRUE/FALSE 1. A safe deposit box in the name of the testator is the preferred choice for storage of the will. ANS: F False Correct. The bank generally seals the box upon notice of the decedent’s passing. True Incorrect. A safe deposit box makes the will less accessible and may delay probate proceedings. 2. The durable power of attorney for health care document gives the designated agent the right to obtain and disclose the principal’s medical records. ANS: T True Correct. The document also gives the agent the right to select the health care facility for the principal. False Incorrect. The document also gives the agent the right to employ and discharge health care personnel. 3. The Patient Self-Determination Act requires health care providers who work with Medicaid and Medicare to provide each patient or authorized surrogate written information about the patient’s right to be informed, upon admission by the health care facility, of policies that concern patients’ rights. ANS: T True Correct. Information about the patient’s right to make decisions about life-sustaining treatment must also be provided. False Incorrect. Health care providers must enable a patient to provide informed consent. 4. The United States Supreme Court has ruled that a constitutional right to die exists. ANS: T True Correct. The United States Supreme Court ruled that a competent person can refuse medical treatment if his/her wishes are known and clear. False Incorrect. This ruling was made in Cruzan v. Director, Missouri Dept. of Health. 5. Some states allow an option for self-proving a will. ANS: T True Correct. Self-proving wills do not require the witnesses to testify in court. False Incorrect. The testator and witnesses can sign in the presence of a notary public in some states. 6. The testimonium clause generally introduces new information. ANS: F False Correct. The clause states that the will has been freely signed. True Incorrect. In most situations, this clause merely repeats what was stated in the opening paragraph. 7. A delay clause is used to prevent an estate from being taxed twice in the event of simultaneous death. ANS: T True Correct. If the beneficiary does not survive for 120 hours, the beneficiary does not receive the property. False Incorrect. A person must generally live for five days after the decedent to be a surviving beneficiary. 8. A surviving natural parent will usually be denied custody of a child if the decedent was the custodial parent and named another person to be appointed as guardian. ANS: F False Correct. A natural parent cannot usually be denied custody. True Incorrect. The surviving parent will usually receive custody unless he/she is proven unfit. 9. A decedent’s wish to donate his/her body to science will be denied if the nearest relatives object. ANS: F False Correct. Any person 18 or older may also donate organs via a donor card. True Incorrect. The Uniform Anatomical Gift Act provides for the donation of any or all body parts. 10. In most states, a prior will is automatically revoked when the testator writes, dates, and signs a new will. ANS: T True Correct. A revocation clause helps ensure the revocation of previous wills. False Incorrect. Only a few states require the inclusion of a general revocation clause. MULTIPLE CHOICE 1. Which is NOT a standard clause or provision of a will? a. Specific testamentary gifts b. Provision for residue of estate c. Testator’s signature d. Power of attorney ANS: D Power of attorney Correct. Power of attorney is a separate written document. Specific testamentary gifts Incorrect. Specific testamentary gifts dictate how individual assets will be distributed. Provision for residue of estate Incorrect. This provision directs the disposal of the remainder of the assets after debts and gifts have been satisfied. Testator’s signature Incorrect. The signature of the testator is required for a valid will. 2. Which is related to, but NOT part of, a standard will? a. General revocation clause b. Appointment of personal representative c. Letter of instructions d. Appointment of personal and/or property guardian ANS: C Letter of instructions Correct. The letter of instructions explains where the will and important records can be found. General revocation clause Incorrect. This clause revokes any and all previous wills. Appointment of personal representative Incorrect. This appointment dictates the testator’s choice for the person who will perform the fiduciary duties of managing the estate. Appointment of personal and/or property guardian Incorrect. This appointment dictates whom the testator has chosen to care for his/her minor or incompetent children. 3. The purpose of the exordium clause is to declare to the public all of the following EXCEPT: a. Identity of the attorney b. The testator’s intent and capacity to create a will c. The testator’s intent to make this document the last will d. The location of the testator’s principal residence or domicile ANS: A Identity of the attorney Correct. The exordium clause declares the identity of the testator. The testator’s intent and capacity to create a will Incorrect. The testator’s intent and capacity are important introductory information. The testator’s intent to make this document the last will Incorrect. The general revocation clause revokes all previous wills. The location of the testator’s principal residence or domicile Incorrect. Location information helps the personal representative determine which state has the authority to tax the testator’s property. 4. Which person is generally NOT automatically covered when the term children is used in a will? a. Natural, marital child b. Stepchild c. Nonmarital child d. Adopted child ANS: B Stepchild Correct. A separate provision is required to include stepchildren. Natural, marital child Incorrect. A natural, marital child is generally assumed to be the decedent’s child. Nonmarital child Incorrect. A nonmarital child is a blood relative of the decedent. Adopted child Incorrect. A person adopted by the decedent is legally his/her child. 5. Which part of a will names the person whom the testator wishes to care for his/her children in the event of the testator’s death? a. Appointment of personal and/or property guardian b. Testamentary trust clause c. Testimonium clause d. Provision for residue of estate ANS: A Appointment of personal and/or property guardian Correct. Unless found to be unfit, a single parent cannot exclude the other natural parent. Testamentary trust clause Incorrect. This clause creates a trust to pay for the care of the children. Testimonium clause Incorrect. This clause states that the testator freely signs the will. Provision for residue of estate Incorrect. This provision transfers the remainder of the estate that has not been given specifically to beneficiaries. 6. A Letter of instructions is preferred to include which clause? a. Exordium clause b. Provision for payment of debts and funeral expenses c. Instructions for funeral and burial d. Specific testamentary gifts clause ANS: C Instructions for funeral and burial Correct. Unlike the will, copies of the letter of instructions go to family members. Exordium clause Incorrect. This clause is the beginning of the will. Provision for payment of debts and funeral expenses Incorrect. This provision generally directs the personal representative to pay all debts with estate funds. Specific testamentary gifts clause Incorrect. The specific testamentary gifts clause identifies what property goes to whom. 7. Which grants another person the right to act legally on behalf of the person who authorizes and grants the power? a. Living will b. Power of attorney c. Letter of instructions d. Self-proving affidavit ANS: B Power of attorney Correct. The principal grants power of attorney to the agent or attorney in fact. Living will Incorrect. Living wills are the instructions that govern life-sustaining treatment for terminal conditions. Letter of instructions Incorrect. The letter of instructions explains where the will and important assets are located.
Load more

Recommended publications
  • Spring 2014 Melanie Leslie – Trusts and Estates – Attack Outline 1
    Spring 2014 Melanie Leslie – Trusts and Estates – Attack Outline Order of Operations (Will) • Problems with the will itself o Facts showing improper execution (signature, witnesses, statements, affidavits, etc.), other will challenges (Question call here is whether will should be admitted to probate) . Look out for disinherited people who have standing under the intestacy statute!! . Consider mechanisms to avoid will challenges (no contest, etc.) o Will challenges (AFTER you deal with problems in execution) . Capacity/undue influence/fraud o Attempts to reference external/unexecuted documents . Incorporation by reference . Facts of independent significance • Spot: Property/devise identified by a generic name – “all real property,” “all my stocks,” etc. • Problems with specific devises in the will o Ademption (no longer in estate) . Spot: Words of survivorship . Identity theory vs. UPC o Abatement (estate has insufficient assets) . Residuary general specific . Spot: Language opting out of the common law rule o Lapse . First! Is the devisee protected by the anti-lapse statute!?! . Opted out? Spot: Words of survivorship, etc. UPC vs. CL . If devise lapses (or doesn’t), careful about who it goes to • If saved, only one state goes to people in will of devisee, all others go to descendants • Careful if it is a class gift! Does not go to residuary unless whole class lapses • Other issues o Revocation – Express or implied? o Taxes – CL is pro rata, look for opt out, especially for big ticket things o Executor – Careful! Look out for undue
    [Show full text]
  • Glossary.3D 5/6/2008 13:55 Page 581
    21764_24_glossary.3d 5/6/2008 13:55 page 581 Glossary 401(k) plan A company-sponsored retirement plan of a dead person whose executor (person chosen to in which an employee agrees either to take a salary hand it out) has died. Also called administrator de reduction or to forgo a bonus to provide money for bonis non or administrator d.b.n. retirement. administrator pendente lite Temporary administra- A tor appointed before the adjudication of testacy or intestacy to preserve the assets of an estate. abates 1. Destroy or completely end. 2. Greatly lessen or reduce. administrator with the will annexed (Latin) “With the will attached.” An administrator who is adeemed Take away. appointed by a court to supervise handing out the ademption 1. Disposing of something left in a will property of a dead person whose will does not before death, with the effect that the person it was name executors (persons to hand out property) or left to does not get it. 2. The gift, before death, of whose named executors cannot or will not serve. something left in a will to a person who was left it. Also known as administrator w.w.a., administrator cum testamento annexo, and administrator c.t.a. administrator A person appointed by the court to supervise the estate (property) of a dead person. If administratrix Female appointed to administer the the supervising person is named in the dead estate of an intestate decedent. ’ person s will, the proper name is executor. advance directives A document such as a durable administering an estate Settling and distributing the power of attorney, health-care proxy, or living will estate of a deceased person.
    [Show full text]
  • Does a Will Need an Attestation and Affidavit
    Does A Will Need An Attestation And Affidavit Uncompanioned Bartholemy overinsure very inerasably while Ross remains separable and left-handed. Operant or endometrial, Alwin never padlock any foot! Apiculate and stage-struck Clarke rib her cheechakoes explores vocally or denaturise dispersedly, is Spiro founded? Istorical basis for a conveyancing fees for law requires additional witness does a will need an and attestation clause should receive anything you The court ultimately unrecognized, lake worth reiterating that need a an and does will attestation affidavit is important to fit your situation of self proving attestation by the self vs. Many jurisdictions have the attorney to my property owned by having trust with either does a need an attestation affidavit will and national commerce act when an appointment of. Compound the content included in his age, a specific questions to evaluate that does a need an and will attestation clause is or third person making it clear as a prenup agreement? Any attesting witness to project will including without limitation an electronic will may. Will was witnessed properly signed affidavit and attestation clause. The county into shares in intestacy will does an. The witnesses and free dictionary, it leaves your affidavit attestation clause at or signed? Having breakfast with a third witness and does a need an attestation affidavit will. Relation to sign before admitting a will is not know more? Complete an estate planning lawyer should i write because the paper, confirmed by filing. Could be able bodied
    [Show full text]
  • BASICS of WILL DRAFTING the Importance of Having a Will a Will
    BASICS OF WILL DRAFTING PATRICIA J. SHEVY, ESQ. THE SHEVY LAW FIRM LLC [email protected] The Importance of Having a Will A Will sets forth a person’s directions with respect to the direction of his or her assets after death. Without a properly executed Will, the laws of intestacy will apply to the distribution of a person’s assets. Many clients assume that the laws of intestacy will suffice. However, what happens in the following example: Husband and Wife have 3 minor children. Husband has $700,000 in assets. Wife has $1,000 in assets. The house is owned jointly by Husband and Wife. Husband dies. Wife keeps the house as surviving joint tenant. The remaining $700,000 is divided between Wife and children according to the laws of intestacy (Wife receives $50,000 plus ½ of the remaining $650,000; the 3 children split the remaining $325,000). But remember the children are minors, so the court will be involved until the youngest child reaches majority. This is probably not the outcome Husband and Wife had in mind. Problems with Intestate Succession When a New York State resident dies leaving no Will, the assets of the decedent will be distributed under New York Estates, Powers and Trusts Law (“EPTL”) Article 4, which lists the order and amount that family members will take from the estate of the decedent. In cases where a person dies intestate, EPTL §4-1.1 provides that a decedent’s assets will be distributed as follows: . If survived by a surviving spouse and children, the spouse receives $50,000 and ½ of the balance.
    [Show full text]
  • Will Formalities in Louisiana: Yesterday, Today, and Tomorrow
    Louisiana Law Review Volume 80 Number 4 Summer 2020 Article 9 11-11-2020 Will Formalities in Louisiana: Yesterday, Today, and Tomorrow Ronald J. Scalise Jr. Follow this and additional works at: https://digitalcommons.law.lsu.edu/lalrev Part of the Law Commons Repository Citation Ronald J. Scalise Jr., Will Formalities in Louisiana: Yesterday, Today, and Tomorrow, 80 La. L. Rev. (2020) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol80/iss4/9 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Will Formalities in Louisiana: Yesterday, Today, and Tomorrow Ronald J. Scalise, Jr. TABLE OF CONTENTS Introduction ................................................................................ 1332 I. A (Very Brief) History of Wills in the United States ................. 1333 A. Functions of Form Requirements ........................................ 1335 B. The Law of Yesterday: The Development of Louisiana’s Will Forms ....................................................... 1337 II. Compliance with Formalities ..................................................... 1343 A. The Slow Migration from “Strict Compliance” to “Substantial Compliance” to “Harmless Error” in the United States .............................................................. 1344 B. Compliance in Other Jurisdictions, Civil and Common ..............................................................
    [Show full text]
  • STEVE R. AKERS Bessemer Trust Company, NA 300
    THE ANATOMY OF A WILL: PRACTICAL CONSIDERATIONS IN WILL DRAFTING* Authors: STEVE R. AKERS Bessemer Trust Company, N.A. 300 Crescent Court, Suite 800 Dallas, Texas 75201 BERNARD E. JONES Attorney at Law 3555 Timmons Lane, Suite 1020 Houston, Texas 77027 R. J. WATTS, II Law Office of R. J. Watts, II 9400 N. Central Expressway, Ste. 306 Dallas, Texas 75231-5039 State Bar of Texas ESTATE PLANNING AND PROBATE 101 COURSE June 25, 2012 San Antonio CHAPTER 2.1 * Copyright © 1993 - 2011 * by Steve R. Akers Anatomy of A Will Chapter 2.1 TABLE OF CONTENTS PART 1. NUTSHELL OF SUBSTANTIVE LAW REGARDING VALIDITY OF A WILL................................................................. 1 I. FUNDAMENTAL REQUIREMENTS OF A WILL. 1 A. What Is a "Will"?. 1 1. Generally. 1 2. Origin of the Term "Last Will and Testament".. 1 3. Summary of Basic Requirements. 1 B. Testamentary Intent. 1 1. Generally. 1 2. Instrument Clearly Labeled as a Will.. 2 3. Models or Instruction Letters. 2 4. Extraneous Evidence of Testamentary Intent.. 2 C. Testamentary Capacity - Who Can Make a Will. 2 1. Statutory Provision. 2 2. Judicial Development of the "Sound Mind" Requirement.. 2 a. Five Part Test--Current Rule.. 2 b. Old Four Part Test--No Longer the Law.. 2 c. Lucid Intervals. 3 d. Lay Opinion Testimony Admissible.. 3 e. Prior Adjudication of Insanity--Presumption of Continued Insanity. 3 f. Subsequent Adjudication of Insanity--Not Admissible. 3 g. Comparison of Testamentary Capacity with Contractual Capacity. 4 (1) Contractual Capacity in General.. 4 (2) Testamentary and Contractual Capacity Compared. 4 h. Insane Delusion.
    [Show full text]
  • STUDENT ANSWER 1: 1. Testator's Will Is Valid. in Order for a Will to Be
    STUDENT ANSWER 1: 1. Testator’s will is valid. In order for a will to be valid, it must strictly adhere to the state’s formal requirements for validly executing a will. Before addressing those requirements, where a will contains an attestation clause or is executed by an attorney, there arises a presumption that the will was validly executed and will be admitted to probate unless contested as invalidly executed. Here, the will’s execution was overseen by an attorney and will give rise to the presumption. Most states adopt the following requirements: the will must be signed by the testator at the end of the will, the will must be in writing, it must be published as a will, and witnessed and signed by two witnesses. Here, testator’s will was in writing, and published. To publish a will, there must be a stated or demonstrated intent to make the document a will, which the testator did by declaring the document on the attorney’s desk to be his will before the witnesses (note that the law does not require testator to read the will’s contents to the witnesses). The will’s signing was also witnessed by two witnesses, who we can assume are not any of the named individuals in the will, and thus their two signatures are sufficient for all gifts to be valid within. Additionally, the law imposes no requirement that the pages need to be stapled together. Since the pages were kept together and not lost, the will may be valid. Here, the testator’s signature which was not placed at the end of the will, but rather before the attestation clause and witness signatures.
    [Show full text]
  • The Burden of Proof As to Testamentary Capacity in Wisconsin, 43 Marq
    Marquette Law Review Volume 43 Article 4 Issue 2 Fall 1959 The urB den of Proof as to Testamentary Capacity in Wisconsin Robert G. Ulrich Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Robert G. Ulrich, The Burden of Proof as to Testamentary Capacity in Wisconsin, 43 Marq. L. Rev. 230 (1959). Available at: http://scholarship.law.marquette.edu/mulr/vol43/iss2/4 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. COMMENTS THE BURDEN OF PROOF AS TO TESTAMENTARY CAPACITY IN WISCONSIN The phrase burden of proof is often heard in the practice of law, but its meaning frequently seems to escape definition. Though it may often be thought of as a theoretical concept of little practical value, it may be of great advantage to the practitioner to know the exact mean- ing of the term. Different meanings may be given to the phrase, but in this article an attempt will be made to make the different meanings stand in sharp focus. THE Two MEANINGS OF THE BURDEN OF PROOF- ORTHODOX POSITION Wigmore states that the phrase burden of proof is used in two senses, the burden in the primary sense and the burden in the secondary sense.' The burden of proof in the primary sense refers to the burden placed upon one party to ultimately bear the risk of nonpersuasion of the jury (or judge).
    [Show full text]
  • Signature Pages for Will and Self-Proving Affidavit (MO)
    Resource ID: W-017-0721 Signature Pages for Will and Self-Proving Affidavit (MO) ANDREW M. MITCHELL, GREENSFELDER, HEMKER & GALE, P.C., WITH PRACTICAL LAW TRUSTS & ESTATES Search the Resource ID numbers in blue on Westlaw for more. Signature pages that comply with the execution requirements for Missouri wills, including an attestation clause, signature lines for the testator and witnesses, and a self-proving affidavit. This Standard Clause contains integrated notes and drafting tips. DRAFTING NOTE: READ THIS BEFORE USING DOCUMENT To make a valid will in Missouri, a person This Standard Clause provides the signature must be either: pages that can be used with a Missouri will, At least eighteen years of age. including: A minor emancipated by: An attestation clause. zadjudication; A signature line for the testator. zmarriage; or Signature lines for witnesses. zentry into active military duty. A self-proving affidavit. (§ 474.310, RSMo.) BRACKETED ITEMS A self-proving affidavit is not required to The drafting party should replace bracketed create a valid will. However, a court can language in ALL CAPS with case-specific admit to probate a self-proved will without facts or other information. Bracketed having to submit additional proof that language in sentence case is optional the will was executed in conformity with language that the drafting party may Missouri law (§§ 473.065(1) and 474.337, include, modify, or delete in its discretion. RSMo). The purpose of a self-proving A forward slash between words or phrases affidavit is to avoid the need to call the indicates that the drafting party should witnesses to a will to testify to probate the include one of the words or phrases will at the testator’s death.
    [Show full text]
  • NBI Seminars
    Joseph M. Placer, Jr., LL.M. [email protected] Placer Law Firm, L.L.C. 337-237-2530 WILL DRAFTING AND RELATED ISSUES December 12, 2017 “As used herein, unless the context clearly indicates otherwise, the masculine gender may include both feminine and neuter genders, words used in the singular may include the plural, or the plural may be read as the singular...” - important in a will, and applicable to these materials. A. Initial advice to the client. Contrary to what most clients expect us to say, the simple fact is that not everyone needs a will. The first task of the estate planning attorney, therefore, is to determine whether a will is appropriate for the client. After you have determined that your client does need a will as part of his estate plan, you must then convince him of the need. Most people (attorneys being high on this list) do not want to do anything that requires them to face their own mortality. A client, even after accepting the need intellectually, will tend to put off the drafting or execution of his will indefinitely unless you can overcome this resistance. This is where the “counselor” portion of the phrase “Attorney and Counselor at Law” comes into play. Your client needs legal counseling to help him to overcome an emotional obstacle. PLACER LAW FIRM, L.L.C. PAGE 1 WILL DRAFTING AND RELATED ISSUES 12/12/2017 QUESTIONS FOR CLIENT: “If you and (client’s spouse) die in a car accident on the way home from this meeting, what happens?” “Who takes custody of your children?” “Who manages their inheritance(s)?” Take the time to explain fully and clearly to client the possible pitfalls of poor or inadequate estate planning, including the consequences of dying without a will.
    [Show full text]
  • WILLS ABOVE GROUND Thomas E. Simmons*
    SIMMONS.DOCX (DO NOT DELETE) 1/11/2016 1:57 PM WILLS ABOVE GROUND Thomas E. Simmons* The widespread adoption of electronic court filing systems allow for easier and more efficient views of the rich data of probate proceedings. Wills Law on the Ground by Professor David Horton, published in the UCLA Law Review, highlights both the potential and some of the inherent limitations of empirical research in the law of 1 wills. Wills law has been the battleground of formalists and functionalists over the last half century, with both sides bearing the banner of testator intent, but neither backing up their proposals or counterproposals with much hard data about which better achieves their common aim. Professor Horton culls data from probate files to disprove predictions of litigiousness and runaway probate costs that were projected to 2 accompany a departure from strict formalism. At the same time, his study encounters the difficulty of assessing the measure of decedents’ unstated goals. This Article outlines will doctrines and past empirical probate studies and probes a future when relaxed formalism will be finely tuned by empirical data to achieve majoritarian testator intent. Assistant Professor at the University of South Dakota School of Law. I thank Profes- sor Horton for his insightful and intelligent comments. His assistance was collegial and does not imply endorsement. 1. David Horton, Wills Law on the Ground, 62 UCLA L. REV. 1094 (2015). 2. Id. SIMMONS.DOCX (DO NOT DELETE) 1/11/2016 1:57 PM 344 The Elder Law Journal VOLUME 23 TABLE OF CONTENTS I. INTRODUCTION ............................................................................... 344 II.
    [Show full text]
  • Glossary of Legal Terms
    ILM Factsheet Glossary of legal terms Prepared for ILM by Wilsons A | B | C | D | E | F | G | H | I | L | M | N | O | P | R | S | T | U | V | W A Abatement Reduction of a gift in a Will where there are insufficient assets to pay it in full. Limited grant of probate (interim grant). Allows the Ad colligenda bona, grant administrator to collect in and preserve estate assets, but not to distribute them. Ademption Failure of a gift in a Will. High Court action under Part 64 Civil Procedure Rules 1998. Administration Action Used to secure proper administration of the estate. Person responsible for winding up an estate where the Administrator deceased did not leave a Will. Advancement/Appointment, Authorises trustees to pay capital out of a trust fund for power of beneficiaries of that trust. Affidavit Sworn statement. Alternative dispute resolution. Methods used to resolve ADR disputes without litigation. Reply made by a caveator where a warning has been issued Appearance to warning in respect of their caveat. Once entered, a grant will not be issued other than by court order. Giving the deceased’s property to a beneficiary in its Appropriation present form, in satisfaction of a gift in a Will. Statement in a Will recording the manner in which it was Attestation clause executed. Attorney Person authorised to act in another’s place. B Person entitled to the benefit of property held on trust; Beneficiary person receiving a gift in a Will. Bequest Gift in a Will. C ILM Factsheet Glossary of legal terms Without prejudice offer to settle a claim.
    [Show full text]