1. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Legal Terminology Fifth Edition by Gordon W. Brown PowerPoints prepared by Kimberly Lundy

2. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Chapter 22 Wills, Testaments, and Advance Directives

3. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Estate Planning oEstate planning – arrangements made to maintain and protect assets during and after a person’s life.

4. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Last Will and Testament oWills nOriginally referred to as an instrument which disposed of real property (land and anything permanently attached to it). nToday a gift of real property in a will is known as a devise.  Maker of gift is devisor.  Recipient of gift is devisee.

5. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Testament oTestament nOriginally referred to as an instrument that disposed of personal property (things other than real property). nToday a gift of personal property in a will is known as a bequest or legacy.  Person making gift is legator.  Recipient is legatee.

6. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Last Will and Testament Today Today there is no distinction between a will and a testament, and terms are interchangeable.

7. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Parties to a Will oTestator – man who makes a will. oTestatrix – woman who makes a will. oBeneficiary – person who receives a gift under a will.

8. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Will Terminology oTestate – the state of a person who has made a will. oTestamentary disposition – a gift of property to take effect upon death of testator.

9. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Statutory Requirements oUniform Probate Code nAttempts to standardize and modernize laws relating to decedents (deceased persons), minors, and others who need protection. nAdopted by 16 states.

10. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Valid Will Requirements oTypical requirements for a valid will: nEighteen years of age nSound mind (also called testamentary capacity) nIn writing nSignature of testator nAttestation and subscription nTestator’s presence nTwo or more competent witnesses

11. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Age Requirement oPeople become 18 on day before their birthday. oExceptions to requirement in some states for military personnel and married persons.

12. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Sound Mind Requirement (Testamentary Capacity) oTo be of sound mind at the time of execution of the will testator must: nUnderstand nature and extent of property owned and their relationship to persons with a natural claim to estate. nBe free from delusions that might influence the disposition of their property. nBe able to comprehend that they are making a will.

13. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Sound Mind Requirement oIn a will contest, proponent (party presenting the will to the court) has burden of proving testator was of sound mind.

14. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Writing Requirement oWriting may be printed, typed, or holographic (hand written by testator).

15. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Signature Requirement oSignature of testator: nNeed not be at the end of will document. nMay be in any form, including an X mark.

16. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Competent Witnesses Requirement oCompetent witnesses nAny person of sufficient understanding and not a recipient of a beneficial devise or legacy under the will. nTwo or more are required.

17. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Competent Witnesses Requirement oWitnesses (cont’d) nMay be precluded from taking any devise or bequest given in the will. nSome states allow witnesses amount of their intestate share (amount they would have inherited if decedent died without a will).

18. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Attestation and Subscription oAttest – to bear witness to testator’s signature. oSubscribe – to write below or beneath.  Attesting witnesses (people who witness signing of a document) subscribe after testator signs.

19. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Testator’s Presence Requirement oWitnesses must subscribe in the presence of the testator (within sight).

20. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Right to Die Laws oRight-to-die laws nAllow dying people to refuse extraordinary life-prolonging treatment. nCourt encourages use of advance directives.

21. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Advance Directives oAdvance directives nWritten statements specifying whether people want life-sustaining medical treatment in the event of a terminal illness.

22. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Types of Advance Directives oLiving will nWritten expression of desire for natural death. nAlso called directive to physicians, medical directive or health care declaration.

23. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Types of Advance Directives oHealth care proxy nWritten statement authorizing agent or surrogate (person authorized to act for another) to make medical decisions. nAlso called a medical power of attorney.

24. Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Types of Advance Directives oDurable power of attorney nAuthorizes another to act on one’s behalf with language indicating it survives incapacity or takes effect upon incapacity (referred to as a springing power). nNot limited to health care issues in most states.