FACTOID # 20: Statistically, Delaware bears more cost of the US Military than any other state.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Holographic will
The law of wills and trusts
Part of the common law series
Inheritance
Intestacy  · Testator  · Probate
Power of appointment
Simultaneous death  · Slayer rule
Disclaimer of interest
Types of will
Holographic will  · Will contract
Living will
Joint wills and mutual wills
Parts of a will
Codicil  · Attestation clause
Incorporation by reference
Residuary clause
Problems of property disposition
Lapse and anti-lapse
Ademption  · Abatement
Acts of independent significance
Elective share  · Pretermitted heir
Contesting a will
Testamentary capacity  · Undue influence
Types of Trusts
Express trust  · Asset-protection trust
Protective trust  · Spendthrift trust
Charitable trust  · Honorary trust
Resulting trust  · Constructive trust
Special Needs trust
Doctrines governing trusts
Pour-over will  · Cy pres doctrine
Other areas of the common law
Contract law  · Tort law  · Property law
Criminal law  · Evidence

A holographic will is a will and testament that has been entirely handwritten and signed by the testator. Normally, a will must be signed by witnesses attesting to the validity of the testator's signature and intent, but in many jurisdictions, unwitnessed holographic wills are treated as valid as witnessed wills and need only to meet minimal requirements in order to be probated: Image File history File links SmallLadyJustice. ... Aphorism Critical legal studies Jurisprudence Law (principle) Legal research Letter versus Spirit List of legal abbreviations Legal code Natural justice Natural law Philosophy of law Religious law External links Find more information on Law by searching one of Wikipedias sibling projects: Wikibooks Wikiversity has more about this subject: School... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Intestacy is the condition of the estate of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies... A testator is a person who has made a legally binding will or testament, which specifies what is to be done with that persons family and/or property after death. ... Probate is the legal process of settling the estate of a deceased person; specifically, distributing the decedents property. ... A power of appointment is a term most frequently used in the law of wills to describe the ability of the testator (the person writing the will) to select a person who will be given the authority to dispose of certain property under the will. ... Simultaneous death is a problem of inheritence which occurs when two people (usually a husband and wife) die at the same time in an accident. ... The slayer rule, in the common law of inheritance, is a doctrine that prohibits inheritence by a person who murders someone from whom they stand to inherit. ... Disclaimer of interest (also called a renunciation), in the law of inheritance, wills and trusts, is a term that describes an attempt by a person to renounce their legal right to benefit from an inheritance (either under a will or through intestacy) or through a trust. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... A will contract is a term used in the law of wills describing a contract to exchange a current performance for a future bequest. ... A living will, ˌliving ˈwill [countable] is a document explaining what medical or legal decisions someone should make if you become so ill that you cannot make those decisions yourself. ... Joint wills and mutual wills are closely related terms used in the law of wills to describing two types of testemantary devices that may be executed by a married couple to insure that their property is disposed of identically. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Codicil can refer to: An addition made to a will Any addition or appendix, such as a corollary to a theorem A poem by Derek Walcott This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testators signature. ... Incorporation by reference is a doctrine of the common law of wills by which a person may state in his will that certain property is to be disposed of by a seperate document, describing the place where the document will be found. ... A residuary estate, in the law of wills, is any portion of the testators estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails. ... Lapse and anti-lapse are complementary concepts under the law of wills, which address the disposition of property that is willed to someone who dies before the testator (the writer of the will). ... Ademption is a term used in the law of wills to determine what happens when property bequested under a will is no longer in the testators estate when the testator dies. ... Abatement (derived through the French abattre, from the Late Latin battere, to beat), a beating down or diminishing or doing away with; a term used especially in various legal phrases. ... The doctrine of acts of independent significance, in the common law of wills, permits the testator to effectively change the disposition of her property without changed her will, if acts or events with relation to the property itself have some significance beyond avoiding the requirements of the will. ... An elective share is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedents will. ... A pretermitted heir is a term used in the law of property to describe a person who would likely stand to inherit under a will, except that the testator (the person who wrote the will) did not know or did not know of the party at the time the will... A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will). ... In the common law tradition, testamentary capacity is the legal term of art used to describe a persons legal and mental ability to make a valid will. ... Undue influence (as a term in jurisprudence) is an equitable doctrine that involves one person taking advantage of a position of power over another person. ... In common law legal systems, a trust is a contractual relationship in which a person or entity (the trustee) has legal title to certain property (the trust property or trust corpus), but is bound by a fiduciary duty to exercise that legal control for the benefit of one or more... Where property is passed to a person but no gift is made, it is held for the owner, this is the Resulting trust; where property should for some reason of public policy or fairness or rule of Equity be held for someone other than the legal owner, this is either... An asset-protection trust is a term which covers a wide spectrum of legal structures. ... The Protective Trust is a form of settlement found in England and Wales and several Commonwealth countries. ... A spendthrift trust is a trust that is created for the benefit of a person who is in debt (often because they are unable to control their spending) that gives an independent trustee full authority to make decisions as to how the trust funds may be spent for the benefit... A charitable trust (or charity) is a trust organized to serve private or public charitable purposes. ... An honorary trust, under the law of trusts, is a device by which a person establishes a trust for which there is neither a charitable purpose, nor a private beneficiary to enforce the trust. ... In common law legal systems, a trust is a relationship in which a person or entity (the trustee) has legal control over certain property (the trust property or trust corpus), but is bound by fiduciary duty to exercise that legal control for the benefit of someone else (the beneficiary), according... A constructive trust is a legal device used by courts sitting in equity to resolve claims raised by a plaintiff whose property has been converted to a profitable use by the defendant. ... Special Needs Trusts are created to ensure that beneficiaries who are developmentally disabled or mentally ill can receive inheritances without losing access to essential government benefits. ... In common law legal systems, a trust is a contractual relationship in which a person or entity (the trustee) has legal title to certain property (the trust property or trust corpus), but is bound by a fiduciary duty to exercise that legal control for the benefit of one or more... A pour-over will is a testamentary device wherein the writer of a will creates a trust, and decrees in the will that the property in his estate at the time of his death shall be placed in the trust. ... The English cy pres doctrine (pronounced as see-pray) is a legal doctrine of the Court of equity. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... The law of evidence governs the use of testimony (eg. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... A testator is a person who has made a legally binding will or testament, which specifies what is to be done with that persons family and/or property after death. ... In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ... Probate is the legal process of settling the estate of a deceased person; specifically, distributing the decedents property. ...

  • There must be evidence that the testator actually created the will, which can be proved through the use of witnesses, handwriting experts, or other methods.
  • The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary.
  • The testator must be expressing a wish to direct the distribution of his estate to beneficiaries.

Holographic wills are common and are often created in emergency situations, such as when the testator is alone, trapped and near death. Jurisdictions that do not generally recognize unwitnessed holographic wills will accordingly grant exceptions to members of the armed services who are involved in armed conflicts and sailors at sea, though in both cases, the validity of the holographic will expires at a certain time after it is drafted. The law of evidence governs the use of testimony (eg. ... This page is about witnesses in law courts. ... Estate may refer to: Estate (law), a term used in common law to signify the total of a persons property, entitlements and obligations Immovable Property, Real Estate or Real Property Estate (house) may mean the grounds surrounding any very large property, such as a country house or mansion Estate... A beneficiary in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. ... A sailor is a member of the crew of a ship or boat. ...


Holographic wills often show that the requirements for making a valid will are minimal. The Guinness Book of World Records lists the shortest will in the world as "All to wife", which clearly meets the minimum requirements. In the Canadian province of Saskatchewan, there was a famous case where a farmer trapped under his own tractor scratched a will into the fender. The fender was probated and is currently on display at the law library at the University of Saskatchewan. The Guinness Book of Records (or in recent editions Guinness World Records, and in previous US editions Guinness Book of World Records) is a book published annually, containing an internationally recognized collection of superlatives: both in terms of human achievement and the extrema of the natural world. ... Motto: Multis E Gentibus Vires (From many peoples, strength) Other Canadian provinces and territories Capital Regina Largest city Saskatoon Lieutenant-Governor Lynda M. Haverstock Premier Lorne Calvert (NDP) Area 651,036 km² (7th) • Land 591,670 km² • Water 59,366 km² (9. ... The University of Saskatchewan (U of S) is the largest education institution in the Canadian province of Saskatchewan. ...


In the United States, unwitnessed holographic wills are valid in around 30 out of the 50 states. Jurisdictions that do not themselves recognize such holographic wills may nonetheless accept them under a "foreign wills act" if it was drafted in another jurisdiction in which it would be valid. A U.S. state is any one of the fifty states (four of which officially favor the term commonwealth) which, together with the District of Columbia and Palmyra Atoll (an uninhabited incorporated unorganized territory), form the United States of America. ...


  Results from FactBites:
 
Holographic Versatile Disc (477 words)
The holographic versatile disc is designed using advanced optical disc technology, the holographic versatile disc employs a technique known as collinear holography, in which two lasers one red and one blue-green, are used in a single beam.
The blue-green laser is used to read data from a holographic layer to the top of the disc and the red laser is used to read servo information from a CD layer near the bottom.
A mirror layer is formed between the holographic data and the servo data letting the red laser to pass through it.
Holographic will - Wikipedia, the free encyclopedia (365 words)
A holographic will is a will and testament that has been entirely handwritten and signed by the testator.
Holographic wills are common and are often created in emergency situations, such as when the testator is alone, trapped and near death.
Jurisdictions that do not generally recognize unwitnessed holographic wills will accordingly grant exceptions to members of the armed services who are involved in armed conflicts and sailors at sea, though in both cases, the validity of the holographic will expires at a certain time after it is drafted.
  More results at FactBites »

 
 

COMMENTARY     

Common Sense
27th October 2011
As indicated above "A holographic will is a will and testament that has been entirely HANDWRITTEN and SIGNED by the testator."

There are only two criteria... It must be 1) handwritten and 2) signed.

It is amazing that some people do not understand these simple rules. Maybe they do not want to understand and accept them...

Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m