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Will and testament
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== Terminology == * '''[[Administrator (law)|Administrator]]''' β person appointed or who petitions to administer an estate in an intestate succession. The antiquated English term of '''administratrix''' was used to refer to a female administrator but is generally no longer in standard legal usage. * '''''Apertura tabularum''''' β in ancient law books, signifies the breaking open of a last will and testament. * '''[[Beneficiary]]''' β anyone receiving a gift or benefiting from a trust * '''[[Bequest]]''' β testamentary gift of [[personal property]], traditionally other than money. * '''[[Codicil (will)|Codicil]]''' β (1) amendment to a will; (2) a will that modifies or partially revokes an existing or earlier will. * '''[[Death|Decedent]]''' β the deceased (U.S. term) * '''Demonstrative Legacy''' β a gift of a specific sum of money with a direction that is to be paid out of a particular fund. * '''[[Kinship and descent|Descent]]''' β succession to real property. * '''[[wikt:devise|Devise]]''' β testamentary gift of [[real property]]. * '''Devisee''' β beneficiary of real property under a will. * '''Distribution''' β succession to personal property. * '''[[Executor]]'''/'''executrix''' or '''personal representative''' [PR] β person named to administer the estate, generally subject to the supervision of the probate court, in accordance with the testator's wishes in the will. In most cases, the testator will nominate an executor/PR in the will unless that person is unable or unwilling to serve. In some cases a [[literary executor]] may be appointed to manage a literary estate. * '''[[wikt:exordium|Exordium]] clause''' is the first paragraph or sentence in a will and testament, in which the testator identifies himself or herself, states a legal domicile, and revokes any prior wills. * '''Inheritor''' β a beneficiary in a succession, testate or intestate. * '''[[Intestate]]''' β person who has not created a will, or who does not have a valid will at the time of death. * '''[[wikt:legacy|Legacy]]''' β testamentary gift of personal property, traditionally of money. Note: historically, a legacy has referred to either a gift of real property or personal property. * '''[[Legatee]]''' β beneficiary of personal property under a will, i.e., a person receiving a legacy. * '''[[Probate]]''' β legal process of settling the estate of a deceased person. * '''[[Residuary estate]]''' - the portion of an estate remaining after the payment of expenses and the distribution of specific bequests; this passes to the '''residuary legatees'''. * '''[[Specific legacy]]''' (or specific bequest) β a testamentary gift of a precisely identifiable object. * '''[[Testate]]''' β person who dies having created a will before death. * '''[[Testator]]''' β person who executes or signs a will; that is, the person whose will it is. The antiquated English term of '''Testatrix''' was used to refer to a female.<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/testatrix|title = Definition of TESTATRIX}}</ref> * '''[[Trustee]]''' β a person who has the duty under a [[will trust]] to ensure that the rights of the beneficiaries are upheld.
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