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Chapter 9
Wills, Trust, and Probate
34
Law
12th Grade
02/02/2011

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Term
witnessed
Definition
A document is witnessed when the witness signs his or her name attesting that he or she observed the execution of a particular document or instrument.
Term
real property
Definition
Land, including anything affixed to the land or growing upon the land.
Term
personal property
Definition
Goods and money; in general, property is either real or personal.
Term
testator/testatrix
Definition
A person who has made a will; a testator is a man, a testatrix is a woman.
Term
holographic will
Definition
A will written entirely by the testator; the handwritten document is not witnessed. Not all states recognize holographic wills.
Term
nuncupative will
Definition
An oral will; not all states recognize nuncupative will.
Term
subscribe
Definition
To sign one's name at the end of a document.
Term
acknowledge
Definition
To affirm that a document is geniune.
Term
beneficiary
Definition
A person named in a will who will benefit from a transfer of specific property.
Term
exordium clause
Definition
The introductory part of a document.
Term
revoke
Definition
To take back or to make void.
Term
bequest
Definition
A gift by will of specific personal property.
Term
devise
Definition
A gift by will of specific real property.
Term
general legacy
Definition
A gift of a specific amount of money.
Term
demonstrative legacy
Definition
A gift of a specified amount of money in which the testator includes directions as to exactly which fund will be used to fulfill the legacy.
Term
disinheritance clause
Definition
A clause used to deprive an heir of the right to inherit.
Term
fiduciary
Definition
A person whose duties involve trust and good faith.
Term
executor/executrix
Definition
A person chosen by a testator/testatrix to carry out the directions in the will; an executor is a man, while an executrix is a woman.
Term
guardian
Definition
A person who has the duty of taking care of a person and that person's property.
Term
trustee
Definition
A person who holds property in trust; a trust is created by a grantor for the benefit of specific beneficiaries.
Term
testimonium clause
Definition
A clause that includes the date on which the document was executed and who signed the document.
Term
attestation clause
Definition
A clause at the end of a will wherein all witnesses declare that the document was executed before them.
Term
publish
Definition
To make something known to people.
Term
codicil
Definition
An addition or change to a will. A codicil does not contain the entire will; it simply supplements the original document.
Term
intestate succession
Definition
When a person dies without a will, his or her estate will be disposed of under the laws of intestate succession. The laws of intestate succession will dispose of the property under the state laws of descent and distribution.
Term
decedent
Definition
A person who has died; a deceased person.
Term
legal title
Definition
Title that is enforceable in a court of law; legal title involves the full ownership of the trust property.
Term
equitable title
Definition
A trust beneficiary holds equitable title; the person holding equitable title has the right to benefit from the trust property.
Term
settlor
Definition
The person who creates a trust.
Term
living trust
Definition
A trust that is operative during the lifetime of the settlor.
Term
probate court
Definition
A court that has jurisdiction over the probate of a will and the administration of a decedent's estate.
Term
testamentary trust
Definition
A trust created by a will.
Term
constructive trust
Definition
A trust created by law; the court may determine that a person has by actual or constructive fraud or duress obtained a legal right to property that he or she should not in good faith possess.
Term
probate
Definition
The judicial procedure by which a will is proved valid or invalid; includes distributing property to the heirs and paying debts and taxes.
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