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Governing doctrines. Pour-over will; Cy-près doctrine; Hague Convention (conflict law) Application in civil law; Dishonest assistance; Estate administration
A testamentary trust provides a way for assets devolving to minor children to be protected until the children are capable of fending for themselves; [3] A testamentary trust has low upfront costs, usually only the cost of preparing the will in such a way as to address the trust, and the fees involved in dealing with the judicial system during probate.
A pour-over clause in a will gives probate property to a trustee of the testator's separate trust and must be validated either under incorporation by reference by identifying the previously existing trust which the property will be poured into, or under the doctrine of acts of independent significance by referring to some act that has ...
The net estate is inclusive of property that passed by the laws of intestacy, testamentary property, and testamentary substitutes, as enumerated in EPTL 5-1.1-A. New York's classification of testamentary substitutes that are included in the net estate make it challenging for a deceased spouse to disinherit their surviving spouse.
Types of testamentary dispositions include: Gift (law), assets that have been legally transferred from one person to another; Legacy, testamentary gift of personal property, traditionally of money but may be real or personal property
The adjectival form of the word is testamentary, as in: Testamentary capacity, or mental capacity or ability to execute a will and; Testamentary disposition, or gift made in a will (see that article for types). Testamentary trust, a trust that is created in a will. A will is also known as a last will and testament.
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