Legal Terms Chapter 27 - Principle Clauses in a Will

Question 1

Administrator

Answer 1

A male appointed by the court to administer the estate of an intestate decedent.

Question 2

Administratrix

Answer 2

A female appointed by the court to administer the estate of an intestate decedent.

Question 3

Attestation clause

Question 4

Bond

Answer 4

A written instrument promising the payment of a sum of money if certain duties are not performed.

Question 5

Conservator

Answer 5

One who legally has the care and management of the property, but not the person, of someone who is incompetent.

Question 6

Dispositive clauses

Answer 6

The clauses in the will that state exactly what each beneficiary is to receive; main part of the will.

Question 7

Domicile

Answer 7

A person’s principal place of abode; the place to which, whenever one is absent from it, one has the present intent of returning.

Question 8

Executor

Answer 8

A male nominated in a will of a decedent to carry out the terms of the will; a personal representative of an estate. In some jurisdictions, also represents a female representative.

Question 9

Executrix

Answer 9

In some jurisdictions, a female nominated in a will of a decedent to carry out the terms of the will; a personal representative of an estate.

Question 10

Exordium clause

Answer 10

The introductory paragraph of a will; also called the publication clause.

Question 11

Fiduciary

Answer 11

A person in a position of trust who has a duty to act in the best interest of others, such as an executor, guardian and trustee.

Question 12

Guardian

Answer 12

One who legally has the responsibility over the care and management of the person, or person and property, of a minor or someone who is incompetent.

Question 13

Guardian ad litem

Answer 13

Guardian for the suit; a guardian appointed by a court to protect a minor who brings or defends a lawsuit.

Question 14

Incorporation by reference

Answer 14

Making a second document part of the first document by referring to it in the first document and stating the intention of including it.

Question 15

In terrorem clause

Answer 15

A clause in a will that attempts to disinherit any legatee, devisee, or beneficiary who contests the provisions of the will; also called no-contest clause.

Question 16

No-contest clause

Answer 16

A clause in a will that attempts to disinherit any legatee, devisee, or beneficiary who contests the provisions of the will; also called in terrorem clause.

Question 17

Per annum

Answer 17

By the year.

Question 18

Per autre vie

Answer 18

For or during another’s life.

Question 19

Per capita

Answer 19

Per head.

Question 20

Per centum

Answer 20

By the hundred.

Question 21

Per curiam

Answer 21

By the court.

Question 22

Per diem

Answer 22

By the day.

Question 23

Per formam doni

Answer 23

By the form of a gift.

Question 24

Per fraudem

Answer 24

By fraud.

Question 25

Per infortunium

Answer 25

By misadventure or misfortune.

Question 26

Per se

Answer 26

By itself.

Question 27

Per stirpes

Answer 27

By right of representation.

Question 28

Publication clause

Answer 28

The introductory paragraph of a will; also called the exordium clause.

Question 29

Residuary clause

Answer 29

Disposes of all the testator's property not otherwise given out.

Question 30

Residuary estate

Answer 30

The estate remaining after individual items have been given out by a will.

Question 31

Self-proving affidavit

Answer 31

A clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses.

Question 32

Signature clause

Answer 32

The clause in the will that immediately precedes the testator's signature; also called the testimonium clause.

Question 33

Surety

Answer 33

A person or organization that agrees to pay the debts of another in the event of default.

Question 34

Testimonium clause

Answer 34

The clause in the will that immediately precedes the testator's signature; also called the signature clause.

Question 35

Trustee

Answer 35

Someone who is appointed in a will to hold property for the benefit of another when one or more of the gifts are left in trust.