It provides a snapshot of practices and intentions of Australian testators
and the social norms that underpin distributions of estates.
To prepare a valid DIFC will, she said: "The testator
must be non-Muslim and aged 21 and above.
The Bill also allows a person to relinquish their rights to make a future claim for family maintenance on a deceased estate, which is expected to be of particular benefit when property is difficult to distribute, such as farms, and families want to agree on succession arrangements while the testator
is still alive.
On the contrary, one of the accepted virtues of freedom of testation is that it exploits the comparative advantage of testators
to craft estate plans benefitting successors, taking into account the unique circumstances of each family; by comparison, intestacy law operates mechanically and inflexibly.
In contrast to an official will, "asmeninis testamentas" is written up in hand by the testator
indicating the first name and surname of the testator
, the date (a year, a month, a day) and place where the will was made, expressing the true intent of the testator
and signed by him" (The Civil Code of the Republic of Lithuania, 2011).
43) As the couple's financial situation changes and as the couple acquires new assets, a testator
can update the will periodically, while always leaving significant assets to his or her partner.
As the QTC testators
explain, for Inuit these moves often were devastating and for their dogs they proved overwhelmingly fatal.
For example, an individual testator
might make a bequest to a designated beneficiary of the maximum amount of property that can pass free of estate tax.
that enfeebled testators
should not be allowed to be victimized by domineering nurses, counselors, or whomever.
For example, with more divorces and remarriages, testators
may wish to provide for a second spouse and/or for younger children, rather than older children.
For example, Lancashire County Records Office at Preston has a comprehensive list of wills for the North West, while there are many printed volumes by the various historic societies containing the names of testators
and the whereabouts of their wills.
that the rights of the spouses and creditors of testators
and of settlors of revocable trusts are fundamentally alike, because both the testator
and the settlor have retained their complete control over the property that is subject to the will or trust instrument.
Her appendices list the names of officials, testators
Although settlors and testators
are generally free to designate which state's governing law applies in the trust instrument as long as there is no violation of strong public policy, (2) in the absence of a designation in the trust instrument, "situs" for governing law purposes will generally depend on whether the issue involves: 1) validity (does the trust violate a rule of law such as the rule against perpetuities); 2) construction (identity of the beneficiaries and their interests); or 3) administration (matters dealing with trustees).
When the freedom of testators
(3) to control and dispose of their property as they desire conflicts with the freedom of the donee to do the same, whose freedom should the law protect?