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In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature. It is often of the form signed, sealed, published, and declared , [ 1 ] a legal quadruplet .
Attestation clause attesting to the subscription on the document of a signature of attestation, e.g., "THUS DONE AND SIGNED ..."; Self-proof clause , typically present only in wills and consisting of affidavits of the testator and the witnesses that the document was duly executed, which affidavits permit the will to be legally proven without ...
Exordium clause is the first paragraph or sentence in a will and testament, in which the testator identifies himself or herself, states a legal domicile, and revokes any prior wills. Inheritor – a beneficiary in a succession, testate or intestate. Intestate – person who has not created a will, or who does not have a valid will at the time ...
However, since the clause is within the will itself, a successful challenge to the will renders the clause meaningless. Many states consider such clauses void as a matter of public policy or valid only if a will is contested without probable cause. [2] This article mainly discusses American law and cases.
The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary. The testator must be expressing a wish to direct the distribution of his or her estate (or parts thereof) to beneficiaries.
A female testator is sometimes referred to as a testatrix (/ t ɛ s ˈ t eɪ t r ɪ k s /), plural testatrices (/ t ɛ s t ə ˈ t r aɪ s iː s /), particularly in older cases. [2]In Ahmadiyya Islam, a testator is referred to as a moosi, [3] who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Promised Messiah, thus committing a portion, not less than one ...
A power of appointment is a term most frequently used in the law of wills to describe the ability of the testator (the person writing the will) to select a person who will be given the authority to dispose of certain property under the will. Although any person can exercise this power at any time during their life, its use is rare outside of a ...
A will contract is a term used in the law of wills describing a contract to exchange a current performance for a future bequest. In such an agreement, one party (the promisee) will provide some performance in exchange for a promise by the other party (the testator, because they must draft a will) to make a specific bequest to the promisee party in the testator's will.