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Living Will - Law Dictionary Search Results

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living will

living will : a document in which the signer indicates preferences or directions for the administration and esp. the withdrawal or withholding of life-sustaining medical treatment in the event of terminal illness or permanent unconsciousness see also advance directive compare durable power of attorney at power of attorney ...


Separation

Separation. If a husband and wife cannot agree so as to carry out the purpose of their union, they may resolve to live apart. A deed of separation, containing the terms and conditions upon which an actual and immediate separation is to be arranged, will be valid, so far as relates to the trusts and covenants of the husband; but if it contemplate a contingent or future separation it is void, a opposed to the policy of marriage, and the well-being of the community.The concurrence of trustees is not essential, and a deed of separation will be binding on the wife as well as the husband, though entered into without the intervention of a trustee, McGregor v. McGregor, (1888) 21 QBD 424; Sweet v. Sweet, (1895) 1 QB 12.The Court will decree specific performance of an agreement to execute a deed of immediate separation if based upon sufficient consideration, Gibbs v. Harding, (1870) LR 5 Ch 336.If after the separation, the husband and wife be reconciled, and live together again, that circumstan...


will

will 1 : the desire, inclination, or choice of a person or group 2 : the faculty of wishing, choosing, desiring, or intending 3 : a legal declaration of a person's wishes regarding the disposal of his or her property after death ;esp : a formally executed written instrument by which a person makes disposition of his or her estate to take effect after death see also codicil, living will, testament antenuptial will : a will that was executed by a person prior to that person's marriage and is usually revocable by the court if no provision was made for the person's spouse unless an intention not to make such a provision is manifest conditional will : a will intended to take effect upon a certain contingency and usually construed as having absolute force when the language pertaining to the condition suggests a general purpose to make a will counter will : mutual will in this entry holographic will : a will written out in the hand of the testator and accepted as valid in many sta...


Mutual testaments

Mutual testaments, wills made by two persons who leave their effects reciprocally to the survivor. Either will may be revoked by notice during the joint lives, but the survivor cannot revoke his or her will if the benefit of the other will has been taken, see Stone v. Hoskins 1905, P. 194; In Estate of Heys, 1914, P. 192....


power of attorney

power of attorney :an instrument containing an authorization for one to act as the agent of the principal that terminates esp. upon revocation by the principal or death of the principal or agent called also letter of attorney du·ra·ble power of attorney [dr-ə-bəl-, dyr-] : a power of attorney that becomes effective upon the principal's becoming incompetent or unable to manage his or her affairs and that is often used as a form of advance directive compare living will general power of attorney : a power of attorney authorizing the agent to carry on business or an enterprise for the principal compare special power of attorney in this entry irrevocable power of attorney : a power of attorney that cannot be revoked by the principal special power of attorney : a power of attorney authorizing the agent to carry out a particular business transaction for the principal ...


living will

A document signed by an individual expressing hisher desire that in the event of an illness from which there is no reasonable expectation of recovery aggressive or extraordinary measures to prolong life such as resuscitation and life support equipment should not be used...


Wills

Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...


Cruelty

Cruelty, it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. Cruelty consists of acts which are dangerous to life, limb or health. Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury , or to have caused reasonable apprehension of bodily injury, suffering or to have injured health. Cruelty may be physical or mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other, Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591 (595): (2002) 2 SCC 73. [Hindu Marriage Act, 1955, s. 13(1)(ia)]Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security would also constitute cruelty, Shobha Rani v. Modhukar Reddi, (1988) 1 SCC 105: AIR 1988 SC 121 (...


Domicile

Domicile, the place where a person has his home.By the term 'domicile,' in its ordinary acceptation, is meant the place where a person lives or has his home. In this sense the place where a person has his actual residence, inhabitancy, or commorancy, is sometimes called his domicile. In a strict and legal sense, that is properly the domicile of a person where he has his true fixed permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus revertendi).Two things, then, must concur to constitute domicile: first, residence; and secondly, the intention of making it the home of the party. There must be the fact and intent; for, as Pothier has truly observed, a person cannot establish a domicile in a place except it be animo et facto.From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the ...


testament

testament [Latin testamentum, from testari to call as a witness, make a will, from testis witness] 1 : an act by which a person determines the disposition of his or her property after death [a of property] 2 : will NOTE: A testament was formerly concerned specifically with personal property, as in the phrase last will and testament. Now a will covers both personal and real property and the terms will and testament are generally synonymous, but the phrase lives on. tes·ta·men·ta·ry [tes-tə-men-tə-rē] adj ...


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