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A written, legal document (declaration) in which a person specifies the distribution
of assets of their estate on the event of their death. Sometimes called a last will
and testament. The testator must demonstrate that he or she has the capacity to
dispose of his or her property, and does so freely and willingly without “undue
influence.” A will must be legally signed and witnessed to be valid.
The details of the will are attended to by an executor who is usually a person chosen
by the deceased at the time of their writing of the will. If there is no executor,
a court may appoint one. Most wills contain language that revokes any earlier “versions”
that came before them. Wills are often subject to probate, where a court determines
the how the will is carried out including payments of the taxes and debts of the
estate. This usually occurs when a will is contested, there are questions about
it’s legality, or the deceased’s estate is quite large and includes payments to
charities or other philanthropic intents.
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