1 00:00:00,100 --> 00:00:03,000 A will or Testament is a legal document that expresses a 2 00:00:03,000 --> 00:00:07,400 person's testator wishes as to how their property estate is to 3 00:00:07,400 --> 00:00:09,100 be distributed after their death. 4 00:00:09,200 --> 00:00:13,000 And as to which person executor is to manage the property until 5 00:00:13,000 --> 00:00:17,100 its final distribution for the distribution Devolution of 6 00:00:17,100 --> 00:00:19,400 property. Not determined by a will see 7 00:00:19,400 --> 00:00:22,600 inheritance and intestacy though it has been thought of will 8 00:00:22,600 --> 00:00:25,000 historically. Applied only to real property 9 00:00:25,200 --> 00:00:28,600 law Testament, applied only to personal property, thus, giving 10 00:00:28,600 --> 00:00:31,400 rise to the popular. It'll of the document as last 11 00:00:31,400 --> 00:00:33,200 will, and testament records show. 12 00:00:33,200 --> 00:00:35,300 The terms have been used interchangeably. 13 00:00:35,700 --> 00:00:38,800 Thus the word will validly applies to both personal and 14 00:00:38,800 --> 00:00:41,300 real property. A will may also create a 15 00:00:41,308 --> 00:00:43,500 testamentary. Trust that is effective only 16 00:00:43,500 --> 00:00:47,600 after the death of the testator history throughout most of the 17 00:00:47,600 --> 00:00:50,500 world, the disposition of a dead person's estate has been a 18 00:00:50,508 --> 00:00:54,000 matter of social custom, according to Plutarch, the 19 00:00:54,000 --> 00:00:55,800 written will was invented by Sullen. 20 00:00:56,300 --> 00:00:59,800 Originally it was a device intended solely for men who died 21 00:00:59,800 --> 00:01:03,000 without Dan are the English phrase will and testament. 22 00:01:03,000 --> 00:01:05,099 Is derived from a period in English law. 23 00:01:05,099 --> 00:01:08,200 When Old English and law, French were used side-by-side for 24 00:01:08,200 --> 00:01:11,300 maximum Clarity. Other such legal, tuplets 25 00:01:11,300 --> 00:01:13,400 include breaking and entering in peace and quiet. 26 00:01:13,900 --> 00:01:17,500 Freedom of disposition, the concept of the freedom of 27 00:01:17,500 --> 00:01:21,100 disposition by Will familiar, is it is in modern England and the 28 00:01:21,108 --> 00:01:25,100 United States both generally considered common law systems is 29 00:01:25,100 --> 00:01:28,700 by no means Universal. In fact, complete freedom, is 30 00:01:28,700 --> 00:01:29,900 the exception rather than the rule. 31 00:01:29,908 --> 00:01:34,000 A rule 654 civil law systems, often put restrictions on the 32 00:01:34,008 --> 00:01:37,000 possibilities of disposal. See, for example, forced 33 00:01:37,000 --> 00:01:41,000 heirship, LGBT Advocates, have pointed to the inheritance 34 00:01:41,000 --> 00:01:44,400 rights of spouses as desirable for same-sex couples as well. 35 00:01:44,500 --> 00:01:48,400 Through same-sex marriage or civil unions, opponents of such 36 00:01:48,400 --> 00:01:51,200 advocacy, Rybak has claimed by pointing to the ability of 37 00:01:51,200 --> 00:01:54,200 same-sex couples to disperse their assets by Will. 38 00:01:54,700 --> 00:01:56,900 Historically, however, it was observed. 39 00:01:56,900 --> 00:02:00,500 That then if a same-sex partner executes, a will Is risk that 40 00:02:00,500 --> 00:02:02,600 the Survivor will face Prejudice in court. 41 00:02:02,600 --> 00:02:05,300 When disgruntled dares challenge, the will with courts 42 00:02:05,300 --> 00:02:06,800 being more willing to strike down. 43 00:02:06,800 --> 00:02:09,800 Was leaving property to a same-sex partner on such grounds 44 00:02:09,800 --> 00:02:13,000 as incapacity or undue influence types. 45 00:02:13,000 --> 00:02:17,600 Of Wills types of Wills, generally include none q+. 46 00:02:17,800 --> 00:02:21,700 Non culpa Tory or addicted, often limited to Sailors or 47 00:02:21,700 --> 00:02:25,000 military personnel. Holographic will written in the 48 00:02:25,008 --> 00:02:28,700 hand of the testator, in many jurisdictions, the signature of 49 00:02:28,700 --> 00:02:31,400 and the material terms. Of the holographic will must be 50 00:02:31,400 --> 00:02:35,000 in the handwriting of the testator self proved in solemn 51 00:02:35,000 --> 00:02:37,400 form with affidavits of subscribing witnesses. 52 00:02:37,400 --> 00:02:41,600 To avoid probate notarial will in public forum and prepared by 53 00:02:41,600 --> 00:02:45,300 a civil on notary civil law jurisdictions in Louisiana, 54 00:02:45,400 --> 00:02:50,600 United States, Mystic, sealed until death serviceman's will 55 00:02:50,700 --> 00:02:53,800 will have person in active duty military service and usually 56 00:02:53,800 --> 00:02:57,500 lacking certain formalities, particularly under English law, 57 00:02:57,900 --> 00:03:02,800 reciprocal mirror Husband and wife Wills Wills made by two or 58 00:03:02,800 --> 00:03:05,400 more parties. Typically, spouses that make 59 00:03:05,400 --> 00:03:09,200 similar or identical Provisions in favor of each other joint 60 00:03:09,200 --> 00:03:12,700 will similar to reciprocal Wills, but one instrument has a 61 00:03:12,700 --> 00:03:14,900 binding effect on the surviving testator's. 62 00:03:15,300 --> 00:03:20,500 First documented in English law in 1769, on solemn, will will, 63 00:03:20,500 --> 00:03:24,600 in which the executor is unnamed will in solemn form signed by 64 00:03:24,600 --> 00:03:28,400 testator and Witnesses. Some jurisdictions recognize a 65 00:03:28,400 --> 00:03:31,500 holographic will make it out entirely in the testator's own 66 00:03:31,500 --> 00:03:34,800 hand, or in some, Modern formulations with material 67 00:03:34,800 --> 00:03:37,200 Provisions. In the testator's hand, the 68 00:03:37,200 --> 00:03:40,000 distinctive feature of a holographic will is less that it 69 00:03:40,000 --> 00:03:42,900 is handwritten by the testator and often that it need not be 70 00:03:42,900 --> 00:03:46,400 witnessed in Louisiana. This type of Testament is called 71 00:03:46,400 --> 00:03:49,700 an Allah graphic Testament. It must be entirely written 72 00:03:49,700 --> 00:03:52,200 dated and signed in the handwriting of the testator. 73 00:03:52,200 --> 00:03:55,700 Although the date may appear anywhere in the Testament, the 74 00:03:55,700 --> 00:03:58,600 testator must sign The Testament at the end of The Testament. 75 00:03:58,600 --> 00:04:02,900 Any Or Corrections must also be entirely handwritten to have 76 00:04:02,900 --> 00:04:06,100 effect in England. The formalities of Wills are 77 00:04:06,108 --> 00:04:09,500 relaxed for soldiers who Express their wishes on active service. 78 00:04:09,700 --> 00:04:11,400 Any such rule is known as a service. 79 00:04:11,400 --> 00:04:15,100 Man's will a minority of jurisdictions even recognize the 80 00:04:15,100 --> 00:04:18,700 validity of monkey paid of Wills or a Wills, particularly for 81 00:04:18,700 --> 00:04:21,000 military personnel or Merchant Sailors. 82 00:04:21,600 --> 00:04:24,300 However, there are often constraints on the disposition 83 00:04:24,300 --> 00:04:28,000 of property of such an oral will is used terminology 84 00:04:28,500 --> 00:04:31,500 administrator. An appointed or who petitions to 85 00:04:31,500 --> 00:04:34,800 administer an estate, in an intestate succession, the 86 00:04:34,800 --> 00:04:37,700 Antiquated English term of administrator X was used to 87 00:04:37,700 --> 00:04:41,000 refer to a female administrator, but is generally no longer in 88 00:04:41,000 --> 00:04:45,500 standard, legal usage, apertura, tabular, mmm in ancient law, 89 00:04:45,500 --> 00:04:48,400 books, signifies the breaking open of a last will and 90 00:04:48,400 --> 00:04:52,100 testament beneficiary anyone. Receiving a gift for, 91 00:04:52,100 --> 00:04:56,600 benefiting, from a trust bequest testamentary gift of personal 92 00:04:56,600 --> 00:05:01,300 property, traditionally other than money Cottage One amendment 93 00:05:01,300 --> 00:05:05,000 to a will to a will that modifies or partially revokes an 94 00:05:05,000 --> 00:05:09,000 existing, or earlier will decedent the deceased u.s. 95 00:05:09,000 --> 00:05:12,400 turned demonstrative Legacy a gift of a specific sum of money 96 00:05:12,400 --> 00:05:15,300 with a direction that is to be paid out of a particular fund 97 00:05:15,700 --> 00:05:20,000 descent succession to real property devised testamentary. 98 00:05:20,000 --> 00:05:24,300 Gift of real property devices, the beneficiary of real property 99 00:05:24,300 --> 00:05:28,400 under a will distribution succession to personal property. 100 00:05:28,900 --> 00:05:33,000 Executor Executrix or personal representative person named to 101 00:05:33,000 --> 00:05:35,400 administer. The estate generally subject to 102 00:05:35,400 --> 00:05:38,200 the supervision of the probate court in accordance with the 103 00:05:38,200 --> 00:05:42,200 testator's wishes in the will, in most cases, the testator will 104 00:05:42,200 --> 00:05:45,500 nominate an Executor or PR in the will unless that person is 105 00:05:45,500 --> 00:05:48,700 unable or unwilling to serve in some cases. 106 00:05:48,700 --> 00:05:51,800 A literary executor may be appointed to manage a literary 107 00:05:51,800 --> 00:05:55,200 estate exordium. Clause is the first paragraph or 108 00:05:55,200 --> 00:05:58,700 sentence in a will and testament in which the testator identifies 109 00:05:58,700 --> 00:06:02,100 himself or herself. States of legal domicile and 110 00:06:02,100 --> 00:06:06,200 revokes any prior Wills. Inheritor a beneficiary in a 111 00:06:06,208 --> 00:06:10,800 succession tested or intestate intestate, a person who has not 112 00:06:10,800 --> 00:06:13,900 created a will, or who does not have a valid will at the time of 113 00:06:13,900 --> 00:06:17,800 death Legacy, testamentary gift of personal property, 114 00:06:17,900 --> 00:06:21,900 traditionally of money note, historically, a legacy has 115 00:06:21,900 --> 00:06:24,500 referred to either a gift of real property or personal 116 00:06:24,500 --> 00:06:29,100 property, legatee beneficiary of personal property under a will 117 00:06:29,200 --> 00:06:32,900 for example, Well, a person receiving a legacy probate, 118 00:06:33,000 --> 00:06:36,200 legal process of settling, the estate of a deceased person 119 00:06:36,700 --> 00:06:40,000 residuary estate, a portion of an estate remaining after the 120 00:06:40,000 --> 00:06:42,700 payment of expenses and the distribution of specific 121 00:06:42,700 --> 00:06:45,200 requests. This passes to the residuary, 122 00:06:45,200 --> 00:06:50,100 legatees specific Legacy or specific request, a testamentary 123 00:06:50,100 --> 00:06:54,300 gift of a precisely identifiable object, testate a person who 124 00:06:54,300 --> 00:06:58,200 dies having created a will before death testator person who 125 00:06:58,200 --> 00:07:02,800 executes or signs a will That is the person whose will it is the 126 00:07:02,800 --> 00:07:04,500 Antiquated English term of Testa. 127 00:07:04,500 --> 00:07:08,600 Tricks was used to refer to a female trustee, a person who has 128 00:07:08,600 --> 00:07:11,100 the duty under a will trust to ensure that the rights of the 129 00:07:11,108 --> 00:07:15,700 beneficiaries are upheld requirements for creation any 130 00:07:15,700 --> 00:07:18,500 person over the age of majority and having testamentary 131 00:07:18,500 --> 00:07:21,300 capacity. For example generally being of 132 00:07:21,300 --> 00:07:24,900 sound mind can make a will with or without the aid of a lawyer 133 00:07:25,300 --> 00:07:27,900 content of the will required content. 134 00:07:27,900 --> 00:07:29,800 Varies depending on the jurisdiction. 135 00:07:29,900 --> 00:07:33,800 Ian, but generally includes the following, the testator was 136 00:07:33,800 --> 00:07:36,500 clearly identify themselves as the maker of the will. 137 00:07:36,700 --> 00:07:39,400 And that a will is being made. This is commonly called 138 00:07:39,400 --> 00:07:42,800 publication of the will, and is typically Satisfied by the words 139 00:07:42,800 --> 00:07:46,200 last will and testament on the face of the document, the 140 00:07:46,200 --> 00:07:49,200 testator should declare that he or she revokes all previous 141 00:07:49,200 --> 00:07:52,500 wills and codicils. Otherwise a subsequent will 142 00:07:52,500 --> 00:07:55,500 revokes earlier wills, and codicils only to the extent to, 143 00:07:55,500 --> 00:07:59,000 which they are inconsistent. However, if a subsequent, will 144 00:07:59,000 --> 00:08:02,600 is completely Consistent with an earlier one, the earlier will is 145 00:08:02,600 --> 00:08:05,300 considered completely revoked by implication. 146 00:08:05,800 --> 00:08:07,400 The testator May demonstrate that. 147 00:08:07,400 --> 00:08:10,900 He or she has a capacity to dispose of their property, sound 148 00:08:10,900 --> 00:08:13,300 mind and a so freely and willingly. 149 00:08:13,800 --> 00:08:17,200 The testator must sign and date. The will usually in the presence 150 00:08:17,200 --> 00:08:20,300 of at least, two disinterested Witnesses, persons, who are not 151 00:08:20,300 --> 00:08:23,300 beneficiaries. There may be extra Witnesses, 152 00:08:23,400 --> 00:08:25,600 these are called supernumerary Witnesses. 153 00:08:25,700 --> 00:08:29,800 If there is a question as to an interested party conflict, some 154 00:08:29,900 --> 00:08:33,100 Dictions notably, Pennsylvania have long abolished. 155 00:08:33,100 --> 00:08:36,400 Any requirement for Witnesses in the United States. 156 00:08:36,600 --> 00:08:39,799 Louisiana requires both attestation by two witnesses, as 157 00:08:39,799 --> 00:08:43,600 well as notarization by a notary public holographic Wills, 158 00:08:43,600 --> 00:08:46,900 generally require no witnesses to be valid, but depending on 159 00:08:46,900 --> 00:08:49,600 the jurisdiction, may need to be proved later as to the 160 00:08:49,600 --> 00:08:53,100 authenticity of the testator. Signature, if Witnesses are 161 00:08:53,108 --> 00:08:55,600 designated to receive property under the will they are 162 00:08:55,600 --> 00:08:58,200 witnesses to. This has the effect in many 163 00:08:58,200 --> 00:09:01,600 jurisdictions of either. Dis allowing them to receive 164 00:09:01,600 --> 00:09:04,700 under the will or one in validating their status as a 165 00:09:04,708 --> 00:09:08,300 witness in a growing number of states in the United States. 166 00:09:08,400 --> 00:09:11,800 However, an interested party is only an improper witness as to 167 00:09:11,800 --> 00:09:13,700 the causes that benefit him or her. 168 00:09:13,700 --> 00:09:17,400 For instance, in Illinois, the testator's signature must be 169 00:09:17,400 --> 00:09:21,000 placed at the end of the will. If this is not observed, any 170 00:09:21,000 --> 00:09:24,200 text following, the signature will be ignored or the entire 171 00:09:24,200 --> 00:09:26,900 will may be invalidated if what comes after the signature is. 172 00:09:26,900 --> 00:09:29,600 So material that ignoring it would defeat the testator's 173 00:09:29,600 --> 00:09:31,400 intent. Engines one or more 174 00:09:31,400 --> 00:09:36,100 beneficiaries devisees legatees must generally be clearly stated 175 00:09:36,100 --> 00:09:38,800 in the text, but some jurisdictions allow a valid. 176 00:09:38,800 --> 00:09:40,400 Will that merely revokes a previous? 177 00:09:40,400 --> 00:09:43,900 Well revokes a disposition in a previous will or names, an 178 00:09:43,900 --> 00:09:47,300 Executor a will may not include a requirement that an air 179 00:09:47,300 --> 00:09:51,000 commit, an illegal immoral or other act against public policy 180 00:09:51,000 --> 00:09:53,900 is a condition of receipt. In community property 181 00:09:53,900 --> 00:09:56,000 jurisdictions. A will cannot be used to 182 00:09:56,000 --> 00:09:58,100 disinherit. A surviving spouse who is 183 00:09:58,100 --> 00:10:01,700 entitled to at least a portion of the Staters estate in the 184 00:10:01,700 --> 00:10:05,000 United States children, may be disinherited by a parents. 185 00:10:05,000 --> 00:10:08,800 Well, except in Louisiana, where a minimum share is guaranteed to 186 00:10:08,808 --> 00:10:11,600 surviving children, except in specifically enumerated 187 00:10:11,600 --> 00:10:14,400 circumstances, many civil law countries. 188 00:10:14,400 --> 00:10:20,000 Follow a similar rule in England and Wales from 1933 to 1975. 189 00:10:20,100 --> 00:10:21,700 A will could disinherit a spouse. 190 00:10:22,000 --> 00:10:24,800 However, since the inheritance provision for Family 191 00:10:24,800 --> 00:10:28,900 Independence, act 1975, such an attempt can be defeated by a 192 00:10:28,900 --> 00:10:31,600 court order, if it Leaves a surviving spouse or other 193 00:10:31,600 --> 00:10:34,900 entitled dependent without reasonable Financial provision 194 00:10:35,400 --> 00:10:38,400 role of lawyers. There is no legal requirement. 195 00:10:38,400 --> 00:10:40,900 That it will be drawn up by a lawyer and some people may 196 00:10:40,900 --> 00:10:43,100 resist hiring a lawyer to draft a will. 197 00:10:43,600 --> 00:10:46,600 People may draft a will, with the assistance of a lawyer use a 198 00:10:46,600 --> 00:10:50,200 software product or will form or write their wishes entirely on 199 00:10:50,200 --> 00:10:53,800 their own, some lawyers offer educational classes for people 200 00:10:53,800 --> 00:10:55,200 who want to write their own will. 201 00:10:55,700 --> 00:10:58,400 When obtained from a lawyer, a will may come as part of an 202 00:10:58,400 --> 00:11:01,600 estate planning package that Includes other instruments such 203 00:11:01,600 --> 00:11:04,900 as a living, trust, a will that is drafted by a lawyer should 204 00:11:04,900 --> 00:11:07,800 avoid possible, technical mistakes that a lay person might 205 00:11:07,800 --> 00:11:10,900 make they could potentially invalidate part or all of a will 206 00:11:11,400 --> 00:11:14,700 while Wills prepared by a lawyer may seem similar to each other. 207 00:11:14,800 --> 00:11:17,400 Warriors can customize the language of Wills to meet the 208 00:11:17,400 --> 00:11:18,900 needs of specific clients.