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Nuncupative Will
An oral will (or nuncupative will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format. A minority of U.S. states (approximately 20 as of 2009), permit nuncupative wills under certain circumstances. Under most statutes, such wills can only be made during a person's "last sickness," must be witnessed by at least three persons, and reduced to writing by the witnesses within a specified amount of time after the testator's death. Some states also place limits on the types and value of property that can be bequeathed in this manner. A few U.S. states permit nuncupative wills made by military personnel on active duty. Under the law in England and Wales oral wills are permitted to military personnel and merchant seamen on duty (see law report below) and it is common practice in Commonwealth countries. An analogy can be drawn to the concept of last donations (''donatio mortis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Will (law)
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speech
Speech is a human vocal communication using language. Each language uses Phonetics, phonetic combinations of vowel and consonant sounds that form the sound of its words (that is, all English words sound different from all French words, even if they are the same word, e.g., "role" or "hotel"), and using those words in their semantic character as words in the lexicon of a language according to the Syntax, syntactic constraints that Governance, govern lexical words' function in a sentence. In speaking, speakers perform many different intentional speech acts, e.g., informing, declaring, asking, persuading, directing, and can use Elocution, enunciation, Intonation (linguistics), intonation, degrees of loudness, tempo, and other non-representational or Paralanguage, paralinguistic aspects of vocalization to convey meaning. In their speech, speakers also unintentionally communicate many aspects of their social position such as sex, age, place of origin (through Accent (sociolinguistics ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. In law a witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly affirm to testify truthfully unde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Active Duty
Active duty, in contrast to reserve duty, is a full-time occupation as part of a military force. In the United Kingdom and the Commonwealth of Nations, the equivalent term is active service. India The Indian Armed Forces are considered to be one of the largest active service forces in the world, with almost 1.42 million Active Standing Army. An additional 2.20 million reserve forces can be activated in a few weeks depending on the situation under the order of the President of India who is the Commander and Chief of the Armed Forces of India. This does not include the additional 1 million troops of the Paramilitary who too are an active force whose full-time responsibility is to guard the sovereignty of the nation from internal and external threats. Israel In the Israel Defense Forces, there are two types of active duty: regular service ( he, שרות סדיר}, Sherut Sadir), and active reserve duty ( he, שרות מילואים פעיל, Sherut Milu'im Pa'il, abbr. ''Shamap' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Of Nations
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental relations amongst member states. Numerous organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories. It was originally created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference, and formalised by the United Kingdom through the Statute of Westminster in 1931. The current Commonwealth of Nations was formally constituted by the London Declaration in 1949, which modernised the comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donatio Mortis Causa
A gift, in the law of property, is the voluntary and immediate transfer of property from one person (the donor or grantor) to another (the donee or grantee) without consideration. There are several type of gifts in property law, most notably ''inter vivos'' gifts which are made in the donor's lifetime and ''causa mortis'' (deathbed) gifts which are made in expectation of the donor's imminent death. Both types of gifts share three elements which must be met in order for the gift to be legally effective: donative intent (the intention of the donor to give the gift to the donee), the delivery of the gift to the donee, and the acceptance of the gift. In addition to those elements, ''causa mortis'' gifts require that the donor must die of the impending peril that he or she had contemplated when making the gift. ''Inter vivos'' gifts An ''inter vivos'' gift is an ordinary gift of personal property from one living person to another. It can be a gift of a present or future interest i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jesse Dukeminier
Jesse Dukeminier (August 12, 1925 – April 20, 2003) was a professor of law for 40 years at the University of California, Los Angeles, and authored or co-authored a significant number of articles and textbooks in the areas of property law, wills, trusts, and estates. Dukeminier's ''Trusts and Estates'' textbook has been described as "widely used and nationally recognized". Updates are still being produced to the text, with the Dukeminier name, alongside coauthors, remaining on the work. Dukeminier was born in West Point, Mississippi in 1925 and received a bachelor's degree from Harvard University in 1948, and his Juris Doctor from Yale in 1951 before briefly entering the practice of law with a Wall Street law firm. He then taught law at the University of Kentucky College of Law and the University of Minnesota Law School, and visited at Harvard and the University of Chicago The University of Chicago (UChicago, Chicago, U of C, or UChi) is a private research university in Chi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Lindgren
James Lindgren is a professor of law at Northwestern University. Born in 1952 in Rockford, Illinois, Lindgren graduated from Yale College (1974, cum laude) and the University of Chicago Law School (1977), where he was an editor of the ''University of Chicago Law Review''. He received his Ph.D. in Sociology from the University of Chicago in 2009. After two years of private practice in estate planning and litigation in Chicago, Lindgren became a Project Director at the American Bar Foundation, a think tank specializing in Law & Society. Before coming to the Northwestern faculty in 1996, Lindgren taught at several law schools, including the Universities of Connecticut, Virginia, Texas, and Chicago, and Chicago Kent College of Law. Lindgren has published in most major law reviews, including the ''Yale Law Journal'' and the ''Harvard, Columbia, Stanford, California, Northwestern, Georgetown, UCLA, University of Pennsylvania'', and ''University of Chicago Law Reviews''. Lindgren’s wor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Sitkoff
Robert H. Sitkoff (born 1974) is the Austin Wakeman Scott Professor of Law and the John L. Gray Professor of Law at Harvard Law School, where he specializes in trusts and estates. He previously served as professor of law at New York University School of Law and Northwestern University School of Law. Sitkoff's scholarly work focuses on trusts and estates, a field of law with relatively few prominent scholars. He is co-author of ''Wills, Trusts, and Estates'', the leading trusts and estates casebook in the United States; has published in leading academic journals such as the Yale Law Journal, Columbia Law Review, and the Journal of Law and Economics; has appeared as a commentator on CNN; and has had his work on the effects of the abolition of the rule against perpetuities featured in the Wall Street Journal. Education and Clerkship Sitkoff received a B.A. from University of Virginia in 1996, and a J.D. from University of Chicago Law School with high honors in 1999. He was a law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
