Also known as: will and testament · will · testament
Written by attorneys · grounded in primary & secondary sources — see below
A document by which a person directs the distribution of the person's estate upon death.
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Leo Lynch signs a last will and testament leaving his home and investments to his two children in equal shares. After his death the document is presented to the probate court. The court oversees distribution consistent with the directions in the document.
Layla Lane executes a last will and testament naming her niece as sole beneficiary. A disappointed sibling files suit alleging the document was procured by undue influence. The attorney representing the niece files a responsive pleading after confirming the factual allegations have evidentiary support.
Levi Lowe's last will and testament is contested on the ground that he lacked capacity when he signed it. A forensic psychiatrist offers testimony that the specialized knowledge of cognitive decline will help the trier of fact determine whether Lowe understood the document's terms at the time of execution.
Liam Larson and Lucia Lopez sign a last will and testament that includes a clause directing how their shares in a closely held corporation are to be voted after death. The surviving spouse presents the document to the board. The voting instructions are honored without reference to any separate voting trust agreement.
Landon Long's last will and testament leaves the bulk of the estate to a caregiver. A child alleges the caregiver consciously disregarded a substantial risk that Long lacked capacity. The court evaluates whether that disregard constituted a gross deviation from the standard a law-abiding person would observe.
Lucia Lopez's last will and testament is the subject of an emergency scheduling request in probate court. The judge communicates with one party's counsel about the hearing date only. The judge confirms that no party will gain a procedural advantage from the limited communication.
A last will and testament allows a person to direct the distribution of probate property according to the testator's expressed wishes. When no valid will exists, the same property passes by intestacy to heirs determined by statute.
Under the Uniform Probate Code a will must be in writing and signed by the testator and by at least two witnesses who observed the signing. Some jurisdictions also recognize notarized wills or holographic wills.
Property governed by a last will and testament passes through probate. Assets with beneficiary designations or held in joint tenancy pass directly to the named transferees and are not controlled by the will.
…the equal protection of the laws. In order that we may have the full assistance of the parties in formulating decrees, the cases will be restored to the docket, and the parties are requested to present further argument on Questions 4 and 5 previously propounded by the Court for the reargument this Term. The Attorney…