Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Legal Terminology Fifth Edition by Gordon W. Brown PowerPoints prepared by Kimberly Lundy

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Chapter 24 Principal Clauses in a Will

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Will Clauses oA valid will is individualized and does not require a particular form. oThere are many common clauses in most wills prepared by attorneys.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Exordium Clause oExordium clause (publication clause) – Introductory paragraph with name and domicile (principal residence) of testator and revoking prior wills and codicils.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Debts and Funeral Expenses Clause oDebts and funeral expenses clause  Directive that just debts and funeral expenses be paid out of residuary estate (what remains after individual items are distributed).

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Disposition Clauses oDisposition clauses – name beneficiaries and state what each receives. nGift to then living issue per stirpes (by right of representation) – children of deceased heirs inherit deceased parent’s share. nGift to then living issue per capita (per head) – all living issue share equally.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Disposition Clauses oIncorporation by reference – reference to a list or other document makes it a part of the will.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Residuary Clause oResiduary clause – disposes of testator’s remaining property.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Clauses Used to Appoint oSeparate clauses are used to appoint the personal representative, guardian, and trustee.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Personal Representative oExecutor (male) or executrix (female) -personal representative of estate named in will. oAdministrator (male) or administratrix (female) – court-appointed person to administer estate of intestate

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Guardian oGuardian – person with duty of legal care and management of person or person and property of minor or incompetent. nGuardian ad litem – appointed to bring or defend a lawsuit nConservator – person appointed for care and management of property (not person) of one who is incompetent.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Trustee oTrustee – appointed in will to hold property for benefit of another where gift is left in trust.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Additional Will Clauses oNo surety on bond clause – provides that personal representative may serve without needing a surety (person to stand behind their obligation) on their bond (promise to pay amount of bond if duties are not faithfully performed).

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Additional Will Clauses oFiduciaries powers clause – grant of specific powers and authority to fiduciaries (people in trust positions) such as personal representatives.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Additional Will Clauses oTax clause – establishes source for payment of death taxes (usually residuary estate). oNo-contest clause – disinherits anyone who contests provisions of the will (also called in terrorem clause).

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Additional Will Clauses oTestimonium clause (signature clause) nPrecedes testator’s signature. nDeclares that testator’s signature is attached. oAttestation clause nPrecedes witnesses’ signatures. nRecites that will was witnessed at testator’s request and signed by witnesses in testator’s presence and in presence of each other.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Additional Will Clauses oSelf-proving affidavit – allows will without testimony of witnesses if it contains a self-proof clause and no one objects.