A person who makes a gift by will of personal property
Legatee
A party who receives a gift by will of personal property
Specific Bequest
A gift by will of a particular item of personal property
Demonstrative Bequest
A gift by will of a sum of money from a specified fund or from the sale of particular item
General Bequest
A gift by will of an amount of money
Residuary Bequest
A gift by will of all the remaining property owned by the decedent that has not been gifted in another clause.
Devise
A gift by will of real property. Today, under the U.P.C., also known as a bequest
Abatement
A proportional reduction of gifts to beneficiaries because the state lacks sufficient funds to pay the decedent's debts
Ademption
A gift by will fails because it is no longer owned by the testator or it is no longer in existence
Lapse
A gift by will fails because the beneficiary predeceased the decedent of the beneficiary is unwilling to take the item
Anti-Lapse Statue
A legislative enactment that passes the gift of property to a deceased beneficiary's heirs rather than through the will's residuary clause or intestate succession statue.
Slayer's Rule/ Slayer's Statute
An heir or beneficiary does not inherit from the decedent if the heir or beneficiary killed the decedent
Personal Representative
Also known as administrator or executor; a legal representative appointed by the court to administer the decedent's estate
Executor
A person nominated in the will to carry out the directions and the distribution of gifts contained in the will
Lucid Interval
A temporary return to mental capacity
Nuncupative Will
An oral will made by the testator in anticipation of death gifting personal property and made in the presence of a witness
Holographic Will
A will written entirely in the testator's handwriting and not witnessed
Supernumerary Witness
An extra witness to a will beyond the statutorily required number.
Self-Proving Will
As prescribed by statute, a will that removes some of the requirements of proof to be admitted to probate. Usually a self-proving affidavit is used.
Notary Public
A public officer who administers oaths and certifies signatures as genuine
Jurat
A clause that states where, when, and whom the notary public is that is certifying the signature.
Ambulatory
Subject to change
Codicil
A testamentary document that amends a will
Power of Attorney
A document that authorizes one person (the agent or attorney-in-fact) to act on behalf of another person (the principal)
Durable General Power of Attorney
A power of attorney that does not terminate upon the principal becoming mentally incompetent
Power of Attorney Health Care
A specialized power of attorney where the agent has authority to make health care decisions for the principal
Living Will
A document where the signer may direct that no artificial measures be employed to postpone his or her death