will

will¹

W0159200 (wĭl)n.1. The mental faculty by which one deliberately chooses or decides upon a course of action: championed freedom of will against a doctrine of predetermination.2. a. Diligent purposefulness; determination: an athlete with the will to win.b. Self-control; self-discipline: lacked the will to overcome the addiction.3. A desire, purpose, or determination, especially of one in authority: It is the sovereign's will that the prisoner be spared.4. Deliberate intention or wish: Let it be known that I took this course of action against my will.5. Free discretion; inclination or pleasure: wandered about, guided only by will.6. Bearing or attitude toward others; disposition: full of good will.7. a. A legal declaration of how a person wishes his or her possessions to be disposed of after death.b. A legally executed document containing this declaration.v. willed, will·ing, wills v.tr.1. a. To decide on or intend: He can finish the race if he wills it.b. To yearn for; desire: "She makes you will your own destruction" (George Bernard Shaw).c. To decree, dictate, or order: believed that the outcome was willed by the gods.2. To induce or try to induce by sheer force of will: We willed the sun to come out.3. a. To grant in a legal will; bequeath: willed his fortune to charity.b. To order to direct in a legal will: She willed that her money be given to charity.v.intr.1. To exercise the will.2. To make a choice; choose: Do as you will.Idiom: at will Just as or when one wishes.

[Middle English, from Old English willa; see wel- in Indo-European roots.]

will²

W0159200 (wĭl)aux.v. Past tense would (wo͝od) 1. Used to indicate simple futurity: They will appear later.2. Used to indicate likelihood or certainty: You will regret this.3. Used to indicate willingness: Will you help me with this package?4. Used to indicate requirement or command: You will report to me afterward.5. Used to indicate intention: I will too if I feel like it.6. Used to indicate customary or habitual action: People will talk.7. Used to indicate capacity or ability: This metal will not crack under heavy pressure.8. Used to indicate probability or expectation: That will be the messenger ringing.tr. & intr.v. To wish; desire: Do what you will. Sit here if you will. See Usage Note at shall.

[Middle English willen, to intend to, from Old English willan; see wel- in Indo-European roots.]

will

(wɪl) vb, past would1. (esp with: you, he, she, it, they, or a noun as subject) used as an auxiliary to make the future tense. Compare shall¹2. used as an auxiliary to express resolution on the part of the speaker: I will buy that radio if it's the last thing I do. 3. used as an auxiliary to indicate willingness or desire: will you help me with this problem?. 4. used as an auxiliary to express compulsion, as in commands: you will report your findings to me tomorrow. 5. used as an auxiliary to express capacity or ability: this rope will support a load. 6. used as an auxiliary to express probability or expectation on the part of the speaker: that will be Jim telephoning. 7. used as an auxiliary to express customary practice or inevitability: boys will be boys. 8. (with the infinitive always implied) used as an auxiliary to express desire: usually in polite requests: stay if you will. 9. what you will whatever you like10. will do informal a declaration of willingness to do what is requested[Old English willan; related to Old Saxon willian, Old Norse vilja, Old High German wollen, Latin velle to wish, will]Usage: See at shall

will

(wɪl) n1. the faculty of conscious and deliberate choice of action; volition. 2. the act or an instance of asserting a choice3. (Law) a. the declaration of a person's wishes regarding the disposal of his or her property after death. testamentaryb. a revocable instrument by which such wishes are expressed4. anything decided upon or chosen, esp by a person in authority; desire; wish5. determined intention: where there's a will there's a way. 6. disposition or attitude towards others: he bears you no ill will. 7. at will at one's own desire, inclination, or choice8. with a will heartily; energetically9. with the best will in the world even with the best of intentionsvb (mainly tr; often takes a clause as object or an infinitive) 10. (also intr) to exercise the faculty of volition in an attempt to accomplish (something): he willed his wife's recovery from her illness. 11. (Law) to give (property) by will to a person, society, etc: he willed his art collection to the nation. 12. (also intr) to order or decree: the king wills that you shall die. 13. to choose or prefer: wander where you will. 14. to yearn for or desire: to will that one's friends be happy. [Old English willa; related to Old Norse vili, Old High German willeo (German Wille), Gothic wilja, Old Slavonic volja] ˈwiller n

will¹

(wɪl)

auxiliary v.andv., pres. will; auxiliary verb. 1. am (is, are, etc.) about or going to: I will be there tomorrow. She will see you at dinner. 2. am (is, are, etc.) disposed or willing to: People will do right. 3. am (is, are, etc.) expected or required to: You will report to the principal at once. 4. may be expected or supposed to: You will not have forgotten him. 5. am (is, are, etc.) determined or sure to (used emphatically): People will talk. 6. am (is, are, etc.) accustomed to, or do usually or often: She would write for hours at a time. 7. am (is, are, etc.) habitually disposed or inclined to: Tyrants will be tyrants. 8. am (is, are, etc.) capable of; can: This tree will live without water for three months. v.t., v.i. 9. to wish; desire; like: Take what you will. Ask, if you will, who the owner is. [before 900; Middle English; Old English wyllan, c. Old Saxon willian, Old Norse vilja, Gothic wiljan; akin to Latin velle to wish] usage: See shall.

will²

(wɪl)

n. 1. the faculty of conscious and particularly of deliberate action: the freedom of the will. 2. power of choosing one's own actions: to have a strong will. 3. the act or process of using or asserting one's choice; volition: My hands are obedient to my will. 4. wish or desire: to submit against one's will. 5. purpose or determination: to have the will to succeed. 6. the wish or purpose as carried out, or to be carried out: to work one's will. 7. disposition, whether good or ill, toward another. 8. a legal document in which a person specifies the disposition of his or her property after death. Compare testament. v.t. 9. to decide upon, bring about, or attempt to effect or bring about by an act of will: He can walk if he wills it. 10. to purpose, determine on, or elect by act of will: If you will success, you can find it. 11. to dispose of (property) by a will; bequeath. 12. to influence by or as if by exerting will power: I willed her to survive the crisis. v.i. 13. to exercise the will. 14. to decide or determine: Others debate, but the king wills. Idioms: at will, as one desires; whenever one chooses: to wander off at will. [before 900; Middle English will(e), Old English will(a), c. Old Saxon willio, Old High German willo, Old Norse vili, Gothic wilja; akin to will¹] will′er, n. will′-less, adj.

Will

heteronomythe condition of being under the moral control of something or someone external; inability to be self-willing. — heteronymous, adj.velleitya very weak or slight impulse of the will; a mere fancy that does not lead to action.

shall

will1. 'shall' and 'will'

Shall and will are used to make statements and ask questions about the future.

Shall and will are not usually pronounced in full after a pronoun. When writing down what someone has said, the contraction 'll is usually used after the pronoun, instead of writing shall or will in full.

He'll come back.'They'll be late,' he said.

Shall and will have the negative forms shall not and will not. In speech, these are usually shortened to shan't /ʃɑːnt/ and won't /wəʊnt/. Shan't is rather old-fashioned, and is rarely used in American English.

I shan't ever do it again.You won't need a coat.

It used to be considered correct to write shall after I or we, and will after any other pronoun or noun phrase. Now, most people write will after I and we, and this is not regarded as incorrect, although I shall and we shall are still sometimes used.

I hope some day I will meet you.We will be able to help.I shall be out of the office on Monday.

There are a few special cases in which you use shall, rather than 'will':

2. suggestions

You can make a suggestion about what you and someone else should do by asking a question beginning with 'Shall we...?'

Shall we go out for dinner?

You can also suggest what you and someone else should do by using a sentence that begins with 'Let's...' and ends with '...shall we?'

Let's have a cup of tea, shall we?3. asking for advice

You can use shall I or shall we when you are asking for suggestions or advice.

What shall I give them for dinner?Where shall we meet?4. offering

You can say 'Shall I... ?' when you are offering to do something.

Shall I shut the door?

Will also has some special uses:

5. requests

You can use will you to make a request.

Will you take these upstairs for me, please?Don't tell anyone, will you?6. invitations

You can also use will you or the negative form won't you to make an invitation. Won't you is very formal and polite.

Will you stay to lunch?Won't you sit down, Sir?7. ability

Will is sometimes used to say that someone or something is able to do something.

This will get rid of your headache.The car won't start.

Be Careful!
You don't normally use 'shall' or 'will' in clauses beginning with words and expressions such as when, before, or as soon as. Instead you use the present simple. Don't say, for example, 'I'll call as soon as I shall get home'. Say 'I'll call as soon as I get home'.

will

Past participle: willed
Gerund: willing

Imperative
will
will

Present
I will
you will
he/she/it wills
we will
you will
they will

Preterite
I willed
you willed
he/she/it willed
we willed
you willed
they willed

Present Continuous
I am willing
you are willing
he/she/it is willing
we are willing
you are willing
they are willing

Present Perfect
I have willed
you have willed
he/she/it has willed
we have willed
you have willed
they have willed

Past Continuous
I was willing
you were willing
he/she/it was willing
we were willing
you were willing
they were willing

Past Perfect
I had willed
you had willed
he/she/it had willed
we had willed
you had willed
they had willed

Future
I will will
you will will
he/she/it will will
we will will
you will will
they will will

Future Perfect
I will have willed
you will have willed
he/she/it will have willed
we will have willed
you will have willed
they will have willed

Future Continuous
I will be willing
you will be willing
he/she/it will be willing
we will be willing
you will be willing
they will be willing

Present Perfect Continuous
I have been willing
you have been willing
he/she/it has been willing
we have been willing
you have been willing
they have been willing

Future Perfect Continuous
I will have been willing
you will have been willing
he/she/it will have been willing
we will have been willing
you will have been willing
they will have been willing

Past Perfect Continuous
I had been willing
you had been willing
he/she/it had been willing
we had been willing
you had been willing
they had been willing

Conditional
I would will
you would will
he/she/it would will
we would will
you would will
they would will

Past Conditional
I would have willed
you would have willed
he/she/it would have willed
we would have willed
you would have willed
they would have willed

Thesaurus

Noun	1.	will - the capability of conscious choice and decision and intention; "the exercise of their volition we construe as revolt"- George Meredithvolitionfaculty, mental faculty, module - one of the inherent cognitive or perceptual powers of the mindvelleity - volition in its weakest form
	2.	will - a fixed and persistent intent or purpose; "where there's a will there's a way"aim, intent, intention, purpose, design - an anticipated outcome that is intended or that guides your planned actions; "his intent was to provide a new translation"; "good intentions are not enough"; "it was created with the conscious aim of answering immediate needs"; "he made no secret of his designs"
	3.	will - a legal document declaring a person's wishes regarding the disposal of their property when they dietestamentOld Testament - the collection of books comprising the sacred scripture of the Hebrews and recording their history as the chosen people; the first half of the Christian BibleNew Testament - the collection of books of the Gospels, Acts of the Apostles, the Pauline and other epistles, and Revelation; composed soon after Christ's death; the second half of the Christian Biblelegal document, legal instrument, official document, instrument - (law) a document that states some contractual relationship or grants some rightcodicil - a supplement to a will; a testamentary instrument intended to alter an already executed willlaw, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"devise - a will disposing of real property
Verb	1.	will - decree or ordain; "God wills our existence"ordain - issue an order
	2.	will - determine by choice; "This action was willed and intended"decide, make up one's mind, determine - reach, make, or come to a decision about something; "We finally decided after lengthy deliberations"
	3.	will - leave or give by will after one's death; "My aunt bequeathed me all her jewelry"; "My grandfather left me his entire estate"bequeath, leaveleave behind, leave - be survived by after one's death; "He left six children"; "At her death, she left behind her husband and 11 cats"gift, present, give - give as a present; make a gift of; "What will you give her for her birthday?"devise - give by will, especially real propertypass on - give to or transfer possession of; "She passed the family jewels on to her daughter-in-law"impart, pass on, give, leave - transmit (knowledge or skills); "give a secret to the Russians"; "leave your name and address here"; "impart a new skill to the students"remember - show appreciation to; "He remembered her in his will"fee-tail, entail - limit the inheritance of property to a specific class of heirs

will

noun1. determination, drive, aim, purpose, commitment, resolution, resolve, intention, spine, backbone, tenacity, willpower, single-mindedness, doggedness, firmness of purpose He lacked the will to confront her.2. wish, mind, desire, pleasure, intention, fancy, preference, inclination He was forced to leave the country against his will.3. choice, decision, option, prerogative, volition the concept of free will4. decree, wish, desire, command, dictate, ordinance He has submitted himself to the will of God.5. testament, declaration, bequest(s), last wishes, last will and testament Attached to his will was a letter he had written just before his death.verb1. decree, order, cause, effect, direct, determine, bid, intend, command, resolve, bring about, ordain They believed they would win because God had willed it.2. wish, want, choose, prefer, desire, elect, opt, see fit Say what you will about him, but he's always been a good provider.3. bequeath, give, leave, transfer, gift, hand on, pass on, confer, hand down, settle on She had willed all her money to her brother, Frank.at will as you please, at your discretion, as you think fit, at your pleasure, at your desire, at your whim, at your inclination, at your wish Some yoga practitioners can slow their heart-rates down at will.Related words
adjectives voluntary, volitiveProverbs
"Where there's a will there's a way"

will

noun1. The mental faculty by which one deliberately chooses or decides:volition.2. Unwavering firmness of character, action, or will:decidedness, decision, decisiveness, determination, firmness, purpose, purposefulness, resoluteness, resolution, resolve, toughness, willpower.3. A desire for a particular thing or activity:fancy, liking, mind, pleasure.4. Unrestricted freedom to choose:discretion, pleasure.verb1. To have the desire or inclination to:choose, desire, like, please, want, wish.Idioms: have a mind, see fit.2. To give (property) to another person after one's death:leave.Law: bequeath, devise.

Translations

遗嘱意志意愿愿意欲望

will

(wil) noun1. the mental power by which one controls one's thought, actions and decisions. Do you believe in freedom of the will?意志2. (control over) one's desire(s) or wish(es); determination. It was done against her will; He has no will of his own – he always does what the others want; Children often have strong wills; He has lost the will to live. 意愿，欲望 3. (a legal paper having written on it) a formal statement about what is to be done with one's belongings, body etc after one's death. Have you made a will yet?遗嘱 verb – short forms I'll (ail) , you'll (juːl) , he'll (hiːl) , she'll (ʃiːl) , it'll (ˈitl) , we'll (wiːl) , they'll (ðeil) : negative short form won't (wount) – 1. used to form future tenses of other verbs. We'll go at six o'clock tonight; Will you be here again next week?; Things will never be the same again; I will have finished the work by tomorrow evening.与动词连用表示将要发生的行为2. used in requests or commands. Will you come into my office for a moment, please?; Will you please stop talking! （与动词连用构成疑问句表示能不能）请… 3. used to show willingness. I'll do that for you if you like; I won't do it! （表示意愿）愿意，要 4. used to state that something happens regularly, is quite normal etc. Accidents will happen. （表示经常发生的动作）惯于，总是 ˈwilful adjective1. obstinate. 固执的2. intentional. wilful damage to property.故意的ˈwilfully adverb 任性固执地，故意地 ˈwilfulness noun 固执，故意 -willedweak-willed / strong-willed people. （构词成分）表示“意志...的” ˈwilling adjective ready to agree (to do something). a willing helper; She's willing to help in any way she can.乐意的ˈwillingly adverb乐意地ˈwillingness noun意愿ˈwillpower noun the determination to do something. I don't have the willpower to stop smoking.意志力at will as, or when, one chooses. 任意with a will eagerly and energetically. They set about (doing) their tasks with a will.起劲地

will

→ 将要zhCN, 意志zhCN, 遗嘱zhCN

How long will it take? → 需要多长时间？
The door won't close → 门关不上
The door won't open → 门开不了

will

Related to will: William Hill

Will

A document in which a person specifies the method to be applied in the management and distribution of his estate after his death.

A will is the legal instrument that permits a person, the testator, to make decisions on how his estate will be managed and distributed after his death. At Common Law, an instrument disposing of Personal Property was called a "testament," whereas a will disposed of real property. Over time the distinction has disappeared so that a will, sometimes called a "last will and testament," disposes of both real and personal property.

If a person does not leave a will, or the will is declared invalid, the person will have died intestate, resulting in the distribution of the estate according to the laws of Descent and Distribution of the state in which the person resided. Because of the importance of a will, the law requires it to have certain elements to be valid. Apart from these elements, a will may be ruled invalid if the testator made the will as the result of undue influence, fraud, or mistake.

A will serves a variety of important purposes. It enables a person to select his heirs rather than allowing the state laws of descent and distribution to choose the heirs, who, although blood relatives, might be people the testator dislikes or with whom he is unacquainted. A will allows a person to decide which individual could best serve as the executor of his estate, distributing the property fairly to the beneficiaries while protecting their interests, rather than allowing a court to appoint a stranger to serve as administrator. A will safeguards a person's right to select an individual to serve as guardian to raise his young children in the event of his death.

Howard Hughes and the Mormon Will

When billionaire recluse Howard Hughes died in 1976, it appeared that he had not left a will. Attorneys and executives of Hughes's corporations began an intensive search to find a will, while speculation grew that Hughes might have left a holographic (handwritten) will. One attorney publicly stated that Hughes had asked him about the legality of a holographic will.

Soon after the attorney made the statement, a holographic will allegedly written by Hughes appeared on a desk in the Salt Lake City headquarters of the Church of Jesus Christ of Latter-day Saints, more commonly known as the Mormon Church. After a preliminary review, a document examiner concluded that the will might have been written by Hughes. The Mormon Church then filed the will in the county court in Las Vegas, Nevada, where Hughes's estate was being settled.

The will, which became known as the Mormon Will, drew national attention for a provision that gave one-sixteenth of the estate, valued at $156 million, to Melvin Dummar, the owner of a small gas station in Willard, Utah. Dummar told reporters that in 1975 he had picked up a man who claimed to be Howard Hughes and had dropped him off in Las Vegas.

Though Dummar first said he had no prior knowledge of the will or how it appeared at the church headquarters, he later claimed that a man drove to his service station and gave him the will with instructions to deliver it to Salt Lake City. Dummar said he had destroyed the instructions.

Investigators discovered that Dummar had checked out a library copy of a book called The Hoax, which recounted the story of Clifford Irving's forgery of an "autobiography" of Hughes. The book contained examples of Hughes's handwriting. Document examiners demonstrated that Hughes's handwriting had changed before the time the Mormon Will supposedly was written. In addition, the examiners concluded that the will was a crude forgery. Nevertheless, it took a seven-month trial and millions of dollars from the Hughes estate to prove that the will was a fake. In the end, the court ruled that the will was a forgery.

No valid will was ever found. Dummar's story later became the subject of the 1980 motion picture Melvin and Howard.

Requirements of a Will

A valid will cannot exist unless three essential elements are present. First, there must be a competent testator. Second, the document purporting to be a will must meet the execution requirements of statutes, often called the Statute of Wills, designed to ensure that the document is not a fraud but is the honest expression of the testator's intention. Third, it must be clear that the testator intended the document to have the legal effect of a will.

If a will does not satisfy these requirements, any person who would have a financial interest in the estate under the laws of descent and distribution can start an action in the probate court to challenge the validity of the will. The persons who inherit under the will are proponents of the will and defend it against such an attack. This proceeding is known as a will contest. If the people who oppose the admission of the will to probate are successful, the testator's estate will be distributed according to the laws of descent and distribution or the provisions of an earlier will, depending on the facts of the case.

Competent Testator A competent testator is a person who is of sound mind and requisite age at the time that he makes the will, not at the date of his death when it takes effect. Anyone over a minimum age, usually 18, is legally capable of making a will as long as he is competent. A person under the minimum age dies intestate (regardless of efforts to make a will), and his property will be distributed according to the laws of descent and distribution.

An individual has testamentary capacity (sound mind) if he is able to understand the nature and extent of his property, the natural objects of his bounty (to whom he would like to leave the estate), and the nature of the testamentary act (the distribution of his property when he dies). He must also understand how these elements are related so that he can express the method of disposition of property.

A testator is considered mentally incompetent (incapable of making a will) if he has a recognized type of mental deficiency, such as a severe mental illness. Mere eccentricities, such as the refusal to bathe, are not considered insane delusions, nor are mistaken beliefs or prejudices about family members. A person who uses drugs or alcohol can validly execute a will as long as he is not under the influence of drugs or intoxicated at the time he makes the will. Illiteracy, old age, or severe physical illness do not automatically deprive a person of a testamentary capacity, but they are factors to be considered along with the particular facts of the case.

Execution of Wills

Every state has statutes prescribing the formalities to be observed in making a valid will. The requirements relate to the writing, signing, witnessing, or attestation of the will in addition to its publication. These legislative safeguards prevent tentative, doubtful, or coerced expressions of desire from controlling the manner in which a person's estate is distributed.

Writing Wills usually must be in writing but can be in any language and inscribed with any material or device on any substance that results in a permanent record. Generally, most wills are printed on paper to satisfy this requirement. Many states do not recognize as valid a will that is handwritten and signed by the testator. In states that do accept such a will, called a holographic will, it usually must observe the formalities of execution unless exempted by statute. Some jurisdictions also require that such wills be dated by the testator's hand.

Signature A will must be signed by the testator. Any mark, such as an X, a zero, a check mark, or a name intended by a competent testator to be his signature to authenticate the will, is a valid signing. Some states permit another person to sign a will for a testator at the testator's direction or request or with his consent.

Many state statutes require that the testator's signature be at the end of the will. If it is not, the entire will may be invalidated in those states, and the testator's property will pass according to the laws of descent and distribution. The testator should sign the will before the witnesses sign, but the reverse order is usually permissible if all sign as part of a single transaction.

Witnesses Statutes require a certain number of witnesses to a will. Most require two, although others mandate three. The witnesses sign the will and must be able to attest (certify) that the testator was competent at the time he made the will. Though there are no formal qualifications for a witness, it is important that a witness not have a financial interest in the will. If a witness has an interest, his testimony about the circumstances will be suspect because he will profit by its admission to probate. In most states such witnesses must either "purge" their interest under the will (forfeit their rights under the will) or be barred from testifying, thereby defeating the testator's testamentary plan. If, however, the witness also would inherit under the laws of descent and distribution should the will be invalidated, he will forfeit only the interest in excess of the amount he would receive if the will were voided.

Acknowledgment A testator is usually required to publish the will—that is, to declare to the witnesses that the instrument is his will. This declaration is called an Acknowledgment. No state requires, however, that the witnesses know the contents of the will.

Although some states require a testator to sign the will in the presence of witnesses, the majority require only an acknowledgment of the signature. If a testator shows the signature on a will that he has already signed to a witness and acknowledges that it is his signature, the will is thereby acknowledged.

Attestation An attestation clause is a certificate signed by the witnesses to a will reciting performance of the formalities of execution that the witnesses observed. It usually is not required for a will to be valid, but in some states it is evidence that the statements made in the attestation are true.

Testator's Intent

For a will to be admitted to probate, it must be clear that the testator acted freely in expressing his testamentary intention. A will executed as a result of undue influence, fraud, or mistake can be declared completely or partially void in a probate proceeding.

Undue Influence Undue influence is pressure that takes away a person's free will to make decisions, substituting the will of the influencer. A court will find undue influence if the testator was capable of being influenced, improper influence was exerted on the testator, and the testamentary provisions reflect the effect of such influence. Mere advice, persuasion, affection, or kindness does not alone constitute undue influence.

Questions of undue influence typically arise when a will deals unjustly with persons believed to be the natural objects of the testator's bounty. However, undue influence is not established by inequality of the provisions of the will, because this would interfere with the testator's ability to dispose of the property as he pleases. Examples of undue influence include threats of violence or criminal prosecution of the testator, or the threat to abandon a sick testator.

Fraud Fraud differs from undue influence in that the former involves Misrepresentation of essential facts to another to persuade him to make and sign a will that will benefit the person who misrepresents the facts. The testator still acts freely in making and signing the will.

The two types of fraud are fraud in the execution and fraud in the inducement. When a person is deceived by another as to the character or contents of the document he is signing, he is the victim of fraud in the execution. Fraud in the execution includes a situation where the contents of the will are knowingly misrepresented to the testator by someone who will benefit from the misrepresentation.

Fraud in the inducement occurs when a person knowingly makes a will but its terms are based on material misrepresentations of facts made to the testator by someone who will ultimately benefit.

Persons deprived of benefiting under a will because of fraud or undue influence can obtain relief only by contesting the will. If a court finds fraud or undue influence, it may prevent the wrongdoer from receiving any benefit from the will and may distribute the property to those who contested the will.

Mistake When a testator intended to execute his will but by mistake signed the wrong document, that document will not be enforced. Such mistakes often occur when a Husband and Wife draft mutual wills. The document that bears the testator's signature does not represent his testamentary intent, and therefore his property cannot be distributed according to its terms.

Special Types of Wills

Some states have statutes that recognize certain kinds of wills that are executed with less formality than ordinary wills, but only when the wills are made under circumstances that reduce the possibility of fraud.

Holographic Wills A holographic will is completely written and signed in the handwriting of the testator, such as a letter that specifically discusses his intended distribution of the estate after his death. Many states do not recognize the validity of holographic wills, and those that do require that the formalities of execution be followed.

Nuncupative Wills A nuncupative will is an oral will. Most states do not recognize the validity of such wills because of the greater likelihood of fraud, but those that do impose certain requirements. The will must be made during the testator's last sickness or in expectation of imminent death. The testator must indicate to the witnesses that he wants them to witness his oral will. Such a will can dispose of only personal, not real, property.

Soldiers' and Sailors' Wills Several states have laws that relax the execution requirements for wills made by soldiers and sailors while on active military duty or at sea. In these situations a testator's oral or handwritten will is capable of passing personal property. Where such wills are recognized, statutes often stipulate that they are valid for only a certain period of time after the testator has left the service. In other instances, however, the will remains valid.

Revocation of a Will

A will is ambulatory, which means that a competent testator may change or revoke it at any time before his death. Revocation of a will occurs when a person who has made a will takes some action to indicate that he no longer wants its provisions to be binding and the law abides by his decision.

For revocation to be effective, the intent of the testator, whether express or implied, must be clear, and an act of revocation consistent with this intent must occur. Persons who wish to revoke a will may use a codicil, which is a document that changes, revokes, or amends part or all of a validly executed will. When a person executes a codicil that revokes some provisions of a previous will, the courts will recognize this as a valid revocation. Likewise, a new will that completely revokes an earlier will indicates the testator's intent to revoke the will.

Statements made by a person at or near the time that he intentionally destroys his will by burning, mutilating, or tearing it clearly demonstrate his intent to revoke.

Sometimes revocation occurs by operation of law, as in the case of a marriage, Divorce, birth of a child, or the sale of property devised in the will, which automatically changes the legal duties of the testator. Many states provide that when a testator and spouse have been divorced but the testator's will has not been revised since the change in marital status, any disposition to the former spouse is revoked.

Protection of the Family

The desire of society to protect the spouse and children of a decedent is a major reason both for allowing testamentary disposition of property and for placing limitations upon the freedom of testators.

Surviving Spouse Three statutory approaches have developed to protect the surviving spouse against disinheritance: Dower or curtesy, the elective share, and Community Property.

Dower or curtesy At common law, a wife was entitled to dower, a life interest in one-third of the land owned by her husband during the marriage. Curtesy was the right of a husband to a life interest in all of his wife's lands. Most states have abolished common-law dower and curtesy and have enacted laws that treat husband and wife identically. Some statutes subject dower and curtesy to payment of debts, and others extend rights to personal property as well as land. Some states allow dower or curtesy in addition to testamentary provisions, though in other states dower and curtesy are in lieu of testamentary provisions.

Elective share Although a testator can dispose of his property as he wishes, the law recognizes that the surviving spouse, who has usually contributed to the accumulation of property during the marriage, is entitled to a share in the property. Otherwise, that spouse might ultimately become dependent on the state. For this reason, the elective share was created by statute in states that do not have community property.

Most states have statutes allowing a surviving spouse to elect either a statutory share (usually one-third of the estate if children survive, one-half otherwise), which is the share that the spouse would have received if the decedent had died intestate, or the provision made in the spouse's will. As a general rule, surviving spouses are prohibited from taking their elective share if they unjustly engaged in desertion or committed bigamy.

A spouse can usually waive, release, or contract away his statutory rights to an elective share or to dower or curtesy by either an antenuptial (also called prenuptial) or postnuptial agreement, if it is fair and made with knowledge of all relevant facts. Such agreements must be in writing.

Community property A community property system generally treats the husband and wife as co-owners of property acquired by either of them during the marriage. On the death of one, the survivor is entitled to one-half the property, and the remainder passes according to the will of the decedent.

Children Generally parents can completely disinherit their children. A court will uphold such provisions if the testator specifically mentions in the will that he is intentionally disinheriting certain named children. Many states, however, have pretermitted heir provisions, which give children born or adopted after the execution of the will and not mentioned in it an intestate share, unless the omission appears to be intentional.

Other Limitations on Will Provisions

The law has made other exceptions to the general rule that a testator has the unqualified right to dispose of his estate in any way that he sees fit.

Charitable Gifts Many state statutes protect a testator's family from disinheritance by limiting the testator's power to make charitable gifts. Such limitations are usually operative only where close relatives, such as children, grandchildren, parents, and spouse, survive.

Charitable gifts are limited in certain ways. For example, the amount of the gift can be limited to a certain proportion of the estate, usually 50 percent. Some states prohibit deathbed gifts to charity by invalidating gifts that a testator makes within a specified period before death.

Ademption and Abatement Ademption is where a person makes a declaration in his will to leave some property to another and then reneges on the declaration, either by changing the property or removing it from the estate. Abatement is the process of determining the order in which property in the estate will be applied to the payment of debts, taxes, and expenses.

The gifts that a person is to receive under a will are usually classified according to their nature for purposes of ademption and abatement. A specific bequest is a gift of a particular identifiable item of personal property, such as an antique violin, whereas a specific devise is an identifiable gift of real property, such as a specifically designated farm.

A demonstrative bequest is a gift of a certain amount of property—$2,000, for example—out of a certain fund or identifiable source of property, such as a savings account at a particular bank.

A general bequest is a gift of property payable from the general assets of the testator's estate, such as a gift of $5,000.

A residuary gift is a gift of the remaining portion of the estate after the satisfaction of other dispositions.

When specific devises and bequests are no longer in the estate or have been substantially changed in character at the time of the testator's death, this is called ademption by extinction, and it occurs irrespective of the testator's intent. If a testator specifically provides in his will that the beneficiary will receive his gold watch, but the watch is stolen prior to his death, the gift adeems and the beneficiary is not entitled to anything, including any insurance payments made to the estate as reimbursement for the loss of the watch.

Ademption by satisfaction occurs when the testator, during his lifetime, gives to his intended beneficiary all or part of a gift that he had intended to give the beneficiary in her will. The intention of the testator is an essential element. Ademption by satisfaction applies to general as well as specific legacies. If the subject matter of a gift made during the lifetime of a testator is the same as that specified in a testamentary provision, it is presumed that the gift is in lieu of the testamentary gift where there is a parent-child or grandparent-parent relationship.

In the abatement process, the intention of the testator, if expressed in the will, governs the order in which property will abate to pay taxes, debts, and expenses. Where the will is silent, the following order is usually applied: residuary gifts, general bequests, demonstrative bequests, and specific bequests and devises.

Cross-references

Estate and Gift Taxes; Executors and Administrators; Husband and Wife; Illegitimacy; Living Will; Parent and Child; Postmarital Agreement; Premarital Agreement; Trust.

will

n. a written document which leaves the estate of the person who signed the will to named persons or entities (beneficiaries, legatees, divisees) including portions or percentages of the estate, specific gifts, creation of trusts for management and future distribution of all or a portion of the estate (a testamentary trust). A will usually names an executor (and possibly substitute executors) to manage the estate, states the authority and obligations of the executor in the management and distribution of the estate, sometimes gives funeral and/or burial instructions, nominates guardians of minor children, and spells out other terms. To be valid the will must be signed by the person who made it (testator), be dated (but an incorrect date will not invalidate the will) and witnessed by two people (except in Vermont which requires three). In some states the witnesses must be disinterested, or in some states, a gift to a witness is void, but the will is valid. A will totally in the handwriting of the testator, signed and dated (a "holographic will") but without witnesses, is valid in many, but not all, states. If the will (also called a Last Will and Testament) is still in force at the time of the death of the testator (will writer), and there is a substantial estate and/or real estate, then the will must be probated (approved by the court, managed, and distributed by the executor under court supervision.) If there is no executor, named or the executor is dead or unable or unwilling to serve, an administrator ("with will annexed") will be appointed by the court. A written amendment or addition to a will is called a "codicil" and must be signed, dated and witnessed just as is a will, and must refer to the original will it amends. If there is no estate, including the situation in which the assets have all been placed in a trust, then the will need not be probated. (See: last will and testament, holographic will, testator, executor, probate, estate, guardian, codicil)

will

a legal document in which a person (the testator) directs how his property is to be distributed after his death. Such documents must be executed in due form and in the UK at least must be duly witnessed.

WILL, criminal law. The power of the mind which directs the actions of a man.
2. In criminal law it is necessary that there should be an act of the will to commit a crime, for unless the act is wilful it is no offence.
3. It is the consent of the will which renders human actions commendable or culpable, and where there is no win there can be no transgression.
4. The defect or want of will may be classed as follows: 1. Natural, as that of infancy. 2. Accidental; namely, 1st. Dementia. 2d. Casualty or chance. 3d. Ignorance. (q.v.) 3. Civil; namely, 1st. Civil subjection. 2d. Compulsion. 3d. Necessity. 4th. Well-grounded fear. Hale's P. C. c. 2 Hawk. P. C. book 1, c. 1.

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REFERENCES

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Howard Hughes and the Mormon Will

Further readings

Requirements of a Will

Execution of Wills

Testator's Intent

Special Types of Wills

Revocation of a Will

Protection of the Family

Other Limitations on Will Provisions

Further readings

Cross-references

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Synonyms for will

noun determination

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noun wish

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noun choice

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noun decree

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noun testament

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verb decree

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verb wish

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verb bequeath

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phrase at will

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Synonyms for will

noun the mental faculty by which one deliberately chooses or decides

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noun unwavering firmness of character, action, or will

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noun a desire for a particular thing or activity

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noun unrestricted freedom to choose

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