Will - Law Dictionary Search Results
Home Dictionary Name: willWills
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...
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...
Execution of Wills
Execution of Wills. By the (English) Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), s. 9:-No will shall be valid unless it be in writing and executed in manner hereinafter mentioned; (that is to say) it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation clause shall be necessary.The (English) Wills Act Amendment Act, 1852 (15 & 16 Vict. c. 24), contains most elaborate saving allowances for the position of the signature. Thus, the signature of the testator may be placed 'at, or after, or following, or under, or beside, or opposite to, the end of the will'; 'a blank space may intervene between the concluding word of the will and the signature'; the signature may be 'on a sid...
Will, Estate at
Will, Estate at. This estate entitled the grantee or lessee to the possession of land during the pleasure of both the grantor and himself, yet it creates no sure or durable right, and is bounded by no definite limits as to duration. It must be at the reciprocal will of both parties expressly or by implication (Co. Litt. 55 a), and the dissent of either determines it. The grantee cannot transfer the estate to another, although after he has entered into possession he may accept a release of the inheritance from the grantor, for there exists a privity between them. It must end at the death of either party, for death deprives a person of the power of having any will. If a lessee for years accept an estate at will in the property lease, his term of years would in law be surrendered.An estate at will is created either by the stipulation or express agreement of the parties, or by construc-tion of law.S. 54 of the Law of Property Act, 1925, enacts that a lease by parol for a longer term than t...
Nuncupative Will
Nuncupative Will, a verbal testament depending merely upon oral evidence, being declared by the testator in extremis before a sufficient number of witnesses and after wards reduced to writing, 2 Bl. Com. 500.The (English) Statute of Frauds, 29, Car. 2, c. 3, restricted nuncupative wills, except when made by mariners at sea, and soldiers in actual service. Nuncupative wills are abolished by the (English) Wills Act, 1837, s. 9, but with a proviso by s. 11 that any soldier being in actual military service, or any marine or seaman being at sea, may dispose of his personal estate, as he might have done before the making of this Act. A will made by a soldier under s. 11 accordingly requires no attestation, and s. 15, avoiding gifts to attesting witnesses, has no application to such a will [Re Limond, (1915) 2 Ch 240]. The Wills (Soldiers and Sailors) Act, 1918, slightly enlarges the class of persons to whom s. 11 applies (s. 2), and extends the right to make wills, without the formalities re...
Republication of Wills
Republication of Wills, a second publication after cancelling or revoking.The Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), provides in s. 22 as follows:-No will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same; and when any will or codicil which shall be partly revoked and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary be shown.Every will re-executed, or republished, or revived by any codicil, shall for the purposes of the Wills Act be deemed to have been made at the time at which the same shall be so re-executed, republished, or revived (s. 34).Every will re-executed, or republished, or revived by any codicil, shall for the purposes of the Wills Act be d...
Revocation of Will
Revocation of Will. There are four modes in which a will can be revoked, viz.: (1) by another will or express declaration in, or by intention to be inferred from another properly executed testamentary instrument; (2) by burning or other act done animo revocandi; (3) by the disposition of the property by the testator in his lifetime; (4) by marriage, except in certain cases of testamentary appointment. By the first and third of these modes, the will may be revoked either entirely or partially; by the second and last, the revocation will be total, unless under the provisions of the (English) Law of Property Act, 1925, s. 177, the will has been made in contemplation of a particular marriage, Sallis v. Jones, 1936 P. 43....
Will
Will, means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. [Indian Succession Act, 1925 (39 of 1925), s. 2 (h)]The definition of 'will' in s. 2 (h) of the Indian Succession Act 1925, would show that it is the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death, Mahalinga Thambiran Swamiga v. His Holiness Sri La Sri Kasivasi Arulnandi Thambiran Swamigal, AIR 1974 SC 199 (203): (1974) 1 SCC 150: (1974) 2 SCR 74.Will is a translation of the Latin word 'voluntas', which was a term used in the text of Roman law to express the intention of a testator. It is of significance that the abstract term has come to mean that document in which the intention is contained. The same has been the case with several other English law terms, the concrete has superseded the abstract - obligation, bond, contract, are examples (Willi...
Navy and Marines (Wills) Acts, 1865, 1897, and 1914, and Wills (Soldiers and Sailors) Act, 1918 (English)
Navy and Marines (Wills) Acts, 1865, 1897, and 1914, and Wills (Soldiers and Sailors) Act, 1918 (English). See NUNCUPATIVE WILL....
at-will
at-will A term used to describe many employment relationships. In a nutshell, "at-will" means that an employee can be fired for any reason, or for no reason at all. However, even an at-will employee is entitled to the protection of anti-discrimination laws. If an employee is terminated in violation of anti-discrimination laws, he or she may be able to successfully bring an action against the former employer. ...
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