Trust and Estates Newsletters
This article discusses the legal requirements for an ordinary gift: donor competence, donor intent, donor delivery, donee acceptance, and appropriate documentation, if necessary.
In order to make a will, a person must intend to make a will. A person must have what is known as testamentary intent. The adjective ‘testamentary’ means related to a will, and is a derivative of the word ‘testament’–the Latin word for will. The Latin phrase for testamentary intent is animus testandi, “the intention to make a testament.”
One advantage of making and leaving a will is that you can specify to whom you want your property to go after you die. Whether or not you make and leave will, it is useful to know the traditional names for the various members of one’s family.
When a trustee receives a distribution, it can be difficult to determine whether he should pay it to the beneficiary or add it to the “corpus” (the trust property).
The body of a will is where is where the testator directs the disposition of his or her estate. This article discusses the clauses before the body of the will and the clauses and signature lines after the body of the will, that are necessary to comply with the customs and requirements–the formalities–for the making of a will.
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