Chapter Four Flashcards
The clause in a will that cancels an already existing will.
Revocation clause
The introductory clause to a will or codicil
Exordium clause
Standard language used in similar documents
Boiler plate
A provision in a will that leaves a designated beneficiary all remaining property not previously gifted.
Residuary clause
A child or other relative, wether living or not yet born, of the decedent who has been omitted from the will.
Preterminated heir
A provision in a will that states a beneficiary will not receive his or her gift if he or she contests the will.
“In terrorem” clause
A provision of a will that requires a beneficiary to out live the decedent by a certain specified period of time for the gift to pass to him or her.
Survivorship clause or delay clause
A provision in a will that provides that another person predeceased the decedent if it is unclear who died first.
Simultaneous death clause
One who acts on behalf of another with trust and confidence.
Fiduciary
A person who has legal authority and duty to act on behalf of a minor or mentally incompetent person.
Guardian
The provision in a will stating that the testator is signing and dating the document.
Testimonium clause
The clause at the end of a will or codicil that states the witnesses certify the document was executed before them.
Attestation clause
The completion of all actions to make a document valid.
Execution
