Will

Question 1

Definition of Will

Answer 1

Under EPTL, a will is a written or oral legal declaration by which a testator /’tes-teɪtə/ 立遗嘱人names a person or persons to manage his estate and provides for the transfer of his property at death.

Question 2

Codicils /ˈkɑːdəsl/ 遗嘱补正书

Answer 2

Under EPTL, a codicil is an instrument that is executed /’eksɪkjuːt/ subsequent to a will. It is executed with the same formalities as a will and adds to or modifies the provisions of a will, in whole or in part.

Question 3

The Probate /ˈproʊbeɪt/ estate 由遗嘱执行人管理的死者的遗产 (遗嘱遗产）(protest)

Answer 3

Under EPTL, the probate estate is the aggregate /ˈæɡrɪɡit/ 累积 real and personal property that a person possesses at the time of death that descends /dɪ’send/ 传承 to the heirs, subject to the payment of debts and claims.

Question 4

Intestate /ɪnˈtesteɪt/ distribution 无遗嘱

Answer 4

Under EPTL, intestate distribution occurs when a person dies without a will, with an invalid will, or with a will but part of the property does not pass under the will.

Question 5

Testamentary/testə’menterɪ/ Beneficiary

Answer 5

Under EPTL, a testamentary beneficiary is one in whose favor a disposition of property is made by will, including both a devisee /dɪvaɪ’zi/受遗赠人and a legatee /leɡəˈtiː/ 遗产继承人.