noun
- Desire, intent, choice, as in, “she exercised her own
free will.”
- A
document spelling out what is to be done with the personÂ’s (testatorÂ’s)
belongings after she has died. Such document has no force while the person is
alive and may be altered or revoked at any time, but becomes applicable at the
time of the testatorÂ’s death to whatever the conditions of the estate are at
the time of death. The difference between a deed
and a will is that a deed passes an interest upon delivery, while a will is
effective only on death.
estate at will
The right of a grantee to use and possess land by mutual
agreement (or will) with the grantor; the right to use the property terminates
when the will of either party ends.
holographic will
See holographic
will.
joint and mutual will
One will executed by two or more persons with
reciprocating provisions of consideration of each to the other.
joint will
A single will signed by two or more persons but that is not
necessarily reciprocating or mutual.
last will and testament
Phrase commonly used to refer to the latest (most
recent) instrument directing the disposition of the personal property of the
signer(s).
mutual wills
See reciprocal will.
nuncupative will
An oral will dictated by the testator just before death, before a
certain number of witnesses (depending on state law), and put in written form
after death; generally invalid in most states.