WILL. A writing by which an owner of property declares what is to be done with it after his death. The person making a will is called the testator. A minor cannot make a valid will.
A testator's signature should be witnessed by two persons. The following is a common attestation clause : " Signed by the said the testator in the presence of us, both present at the same time, who in his presence and at his request and in the pres ence of each other have hereunto set our names as witnesses." A legatee, or his wife (or husband as the case may be), should not be a witness to the testator's signature, otherwise the legacy will be forfeited.
.\ codicil is an addition to a will by which some change in the terms of the will is effected, and it must be dated and signed by the testator and attested by two witnesses in the same way as the former part of the document.
The persons who are appointed by the testator to carry out the provisions of his will are called the executors, and it is their duty, after seven days from the testator's death, to obtain probate of the will ; that is, an official copy of the will issued by the regis trar of the registry where the will is proved.
If any trusts are created by the Nvill the persons whom the testator names to carry out the provisions of such trusts are called the trustees. A copy of a will may be seen, on payment of a fee of one shilling, at the registry where it was proved ; and a copy of any will may be seen at Somerset House on payment of a like tee. A copy of a will may be obtained on payment of a fec regulated by the length of the document.
The following is a form of a simple will where a husband leaves everything what soever to his wife : This is the last will and testament of me John Brown of Carlisle in the County of Cumberland, Grocer, as follows, that is to say, I devise and bequeath all my real and personal estate whatsoever and wheresoever and of every description unto my wife Mary, her heirs, executors, administrators and assigns absolutely for ever. I appoint my said wife Mary sole executrix hereof. I revoke all prior wills by me made. In witness whereof I have hereunto set my hand this second day of July one thousand nine hundred and ten.