Testamentary Disposition - Law Dictionary Search Results
Home Dictionary Name: testamentary dispositionTestamentary disposition
Testamentary disposition, the testamentary disposi-tion, would mean disposition of the property which would take effect after the death, instead of eo instanti on the execution of the document. A testamentary disposition is generally effected by a will or by a codicil which means an instrument made in relation to a will extending, altering or adding to its disposition and is to be deemed to form part of the will, Pavitri Devi v. Darsari Singh, (1993) 4 SCC 392 (396)....
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...
trust
trust 1 a : a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party who holds equitable title to the property b : an entity resulting from the establishment of such a relationship see also beneficiary, cestui que trust, corpus declaration of trust at declaration, principal, settlor NOTE: Trusts developed out of the old English use. The traditional requirements of a trust are a named beneficiary and trustee (who may be the settlor), an identified res, or property, to be transferred to the trustee and constitute the principal of the trust, and delivery of the res to the trustee with the intent to create a trust. Not all relationships labeled as trusts have all of these characteristics, however. Trusts are often created for their advantageous tax treatment. accumulation trust : a trust in which principal and income are allowed to accumulate rather than being paid out NOTE: Accumulation trusts are disfavored and often restricted...
Real representative
Real representative. The name formerly given to a personal representative on whom real estate devolved on the death of any person between the 31st December, 1897, and the 1st January, 1926, under the provisions of the (English) Land Transfer Act, 1897.Prior to the commencement on the 1st of January, 1898, of the (English) Land Transfer Act, 1897 [see (English) TRANSFER OF LAND ACTS], the real estate of a deceased person vested in his heir, heiresses, or devisees, and his personal estate in his executors or administrators. The (English) Land Transfer act, 1897, (60 & 61 Vict. c. 65), reproduced and extended by the (English) Administration of Estates Act, 1925, established a real representative in the person of the executor or administrator of any person dying after the commencement of that Act, in whom all his real estate except copyhold was vested notwithstanding his will, unless, as in a joint tenancy, any other person had a right to take by survivorship, so that one and the same pers...
vulgar substitution
vulgar substitution [French substitution vulgaire, from Latin substitutio vulgaris, literally, ordinary substitution, as distinguished from substitutio pupillaris substitution of an heir in place of a minor who actually receives the testamentary gift but dies before reaching the age of majority] in the civil law of Louisiana : a testamentary disposition in which the person making the will names another person to take the gift in the event that the instituted heir does not accept it or is already deceased ...
undue influence
undue influence : improper influence that deprives a person of freedom of choice or substitutes another's choice or desire for the person's own compare coercion, duress, necessity NOTE: It is a doctrine of equity that a contract, deed, donation, or testamentary disposition can be set aside if the court finds that someone has exercised undue influence over the maker at the time that the contract, conveyance, or will was made. To establish a prima facie case it is usually necessary to show a susceptibility to undue influence (as from mental impairment), the opportunity and disposition on someone's part to exercise such influence, and that the transaction would not have been made except for the undue influence. ...
mortmain statute
mortmain statute : a statute that prohibits corporate bodies (as charities) from holding real property in perpetuity or that otherwise limits or regulates testamentary dispositions to usually charitable corporations called also statute of mortmain ...
Caduca
Caduca, the lapse of a testamentary disposition, Sand. Just. 1. Civil law. Inheritable property, property descending to an heir. 2. Roman Law. Property formerly belonging to an intestate owner who has died without heirs or to someone who has suffered forfeiture for crime, Black's Law Dictionary, 7th Edn....
Fidei-commissum
Fidei-commissum, a testamentary disposition, by which a person who gives a thing to another imposes on him the obligation of transferring it to a third person. The obligation wass not created bywords of legal binding force (civilia verba), but by words of request (precative), such as 'fidei committo,' 'peto,' 'volo dari,' and the like, which were the operative words (verba utilia). If the object of the fidei-commissum was the h'reditas, the whole or a part, it was called fidei-commissaria h'reditas, which is equivalent to a universal fidei-commissum; if it was a single thing, or a sum of money, it was called fidei-commissum singul' rei. The obligation to transfer the former could only be imposed on the heirs; the obligation of transferring the latter might be imposed on a legatee. It appears that there were no legal means of enforcing the due discharge of the trust called fidei-commissum till the time of Augustus, who gave the consuls jurisdiction in the fidei-commissa. Fidei-commissa ...
Intestate
Intestate, one who has left no will. In regard to all the deaths before 1925, if he left no heir, his real property escheated (see ESCHEAT) to the Crown or lord of the manor, and his personal property was administered by a nominee of the Crown for the benefit of the Crown. The (English) A.E. Act, 1925, s. 51, abolished the old rules of descent, and the intestate estates of persons dying after 1925 are, with some exceptions, administered and distributed according to the provisions of that Act. See DISTRIBUTION and ADMINISTRATOR; WIDOW.Swinburne, Godolphin, and others of the early writers on the subject apply the term to one who dies leaving a will, but not appointing an executor; the term testament being formerly applied only to a will which appointed an executor. See Swinburne, pt. 1, s. 1; and 1 Williams on Executors.A person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect. [Hindu Succession Act, 195...
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