Will in United States

Will Definition

The legal declaration of a man’s intention respecting the disposition of his property, which he wills to be performed after his death. See 2 Bl. Comm. 309. See Joint Will. The word is of common-law origin, the corresponding civil-law terra being testament (q.v.) Will, testament, and last will and testament are now said to be synonymous. Schouler, Wills, § 2. In general, any instrument executed with the required formalities, conferring no present rights, but intended to take effect on the death of the maker, will be considered to be a will. 4 Wend. (N. Y.) 168; 104 Pa. St. 240.
(1) Holographic (or olographic) wills are those written and signed entirely with the testator’s own hand. By reason of this, certain formalities in execution are in some jurisdictions dispensed with.
(2) Nuncupative wills are those made by oral declaration in the presence of witnesses. They are not in use in the United States, and in England are confined to seamen and soldiers in active service.
(3) Mystic wills, in Louisiana, are wills sealed in the presence of witnesses. See Mystic Testament.

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Legal Issue for Attorneys

The legal declaration of a man’s intention respecting the disposition of his property, which he wills to be performed after his death. See 2 Bl. Comm. 309. See Joint Will. The word is of common-law origin, the corresponding civil-law terra being testament (q.v.) Will, testament, and last will and testament are now said to be synonymous. Schouler, Wills, § 2. In general, any instrument executed with the required formalities, conferring no present rights, but intended to take effect on the death of the maker, will be considered to be a will. 4 Wend. (N. Y.) 168; 104 Pa. St. 240.
(1) Holographic (or olographic) wills are those written and signed entirely with the testator’s own hand. By reason of this, certain formalities in execution are in some jurisdictions dispensed with.
(2) Nuncupative wills are those made by oral declaration in the presence of witnesses. They are not in use in the United States, and in England are confined to seamen and soldiers in active service.
(3) Mystic wills, in Louisiana, are wills sealed in the presence of witnesses. See Mystic Testament.

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This definition of Will is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Plain-English Law

Will as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A document in which a person specifies what is to be done with property at death, names an executor to oversee the distribution of that property, and names a guardian for young children.

Practical Information

Note: Some of this information was last updated in 1982

An instrument that is an effective expression of its maker’s intention about what will be done with property under his or her control at the time of death. Usually it must be in writing and executed in strict conformity with the applicable statutory requirements. A will takes effect only at the maker’s death. As long as the maker lives, he or she may revoke the will or make any changes in its terms desired. A holographic will is one written entirely in the handwriting of the maker, even though there is no attestation (in U.S. law) by any witness. Before a holographic will is admitted to probate, the handwriting of the maker must be proved. A holographic will is not legal in some states.

A nuncupative will is one that is made orally. Oral wills are allowed in most states under certain limited conditions.

Signature page and preceding page of a will

The placement of the signature often presents a problem. Good practice makes the solution obligatory in some respect, permissible in others.

It is obligatory that at least one line of the testimonium clause be on the same page as part of, the will (Figure 3). In other words, a new page cannot begin with the testimonium clause, because this arrangement would increase the possibility of the loss of a page or permit the insertion of a page without detection.

It is obligatory that at least one line of the attestation clause be on the page with the signature (Figure 4). The purpose of this requirement is to tie in the witnesses’ signatures with that of the testator.

The most desirable setup of the signature page is to have at least three lines of text on the page with the testimonium clause, the signature, and the attestation clause and witnesses’ signatures.

It is permissible, though not desirable, to have the signature and attestation clause on a page containing only one line of the testimonium clause.

Witnessing a will

The procedure of witnessing a will is rather formal (read more).

(Revised by Ann De Vries)

What is Will?

For a meaning of it, read Will in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Will.

Basic Meaning of Will

Will means: an instrument executed with required formality by a person making disposition of their property to take effect upon their death.