A will is a
legal instrument by which a person, called a testator, disposes of his
property. The will is written before his
death and takes effect after his death.
Usually an executor is named to carry into effect the testator's wishes
and witnesses sign the will.
There are
other types of wills that you may run into in your research. A nuncupative will is an oral will
spoken during the testator's last illness before witnesses and reduced to
writing and signed by the witnesses. This type of will is often called a death
bed will. Some states accept
them as legal and other states do not.
One of the benefits of a nuncupative will is that the death date is
often given.
A holographic
will is entirely in the
handwriting of the testator with no witnesses. This type of will is often
written during an emergency. For example, a hiker is lost in the woods, knowing
he is close to death, scribbles his wishes regarding his estate on a piece of
paper. Again, states vary of which
accept this type of will.
There are
other wills, but the above three are the ones you will encounter most often.
Reference: Black's Law Dictionary, Sixth Edition, 1990.
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