Invalidating a will in illinois

02-Jul-2020 08:38

invalidating a will in illinois-86

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A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.For the devolution of property not disposed of by will, see inheritance and intestacy.A minority of jurisdictions even recognize the validity of nuncupative wills (oral wills), particularly for military personnel or merchant sailors.However, there are often constraints on the disposition of property if such an oral will is used.The person who makes a will is not available to explain him or herself, or to correct any technical deficiency or error in expression, when it comes into effect on that person's death, and so there is little room for mistake.

In 1973 an international convention, the Convention providing a Uniform Law on the Form of an International Will, was concluded in the context of UNIDROIT.The distinctive feature of a holographic will is less that it is handwritten by the testator, and often that it need not be witnessed.In Louisiana this type of testament is called an Olographic or Mystic will.Civil law systems often put some restrictions on the possibilities of disposal; see for example "Forced heirship".

Advocates for gays and lesbians have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions.

However, most wills contain stock language that expressly revokes any wills that came before them, because otherwise a court will normally still attempt to read the wills together to the extent they are consistent.

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