wills

testate

When a person dies and has a will at their death.

Testate succession refers to how property will be distributed in a will. This is in contrast to intestate succession where laws determine how the property will be allocated to relatives. Individuals have almost free control over how to...

testator

Testator refers to a person who has died and has left a will.

testatrix

Testatrix is an antiquated term used for a female testator. The term testator is now used regardless of gender identity.

[Last updated in March of 2022 by the Wex Definitions Team]

Uniform Simultaneous Death Act

Uniform Simultaneous Death Act is a piece of legislation enacted by many states which prevents the need of multiple probate proceedings when two individuals die within 120 hours of one another. When someone passes with or without a will,...

widow

According to 17 USC § 101 a widow is a person whose spouse died during their marriage and has not since remarried. Also known as a surviving spouse.

[Last updated in March of 2022 by the Wex Definitions Team]

will

A will is a legal document that states a testator’s wishes and instructions for managing and distributing their estate after death. In contrast, intestate succession is passing the property of the decedent according to the State’s intestacy...

will contest

A will contest is a probate proceeding where interested parties dispute the validity of a will. The most common legal grounds for disputing the validity of a will are undue influence by someone close to decedent, duress, revocation, mistake,...

will contract

Though transfers by will are normally donative, it is possible to use a will to form an obligatory, legally enforceable contract. A will contract is created when a promise is made and supported by consideration to leave property by will to the promisee...

will execution ceremony

The will execution ceremony is the procedure by which a testator makes known how they want their property to be handled after their death through their will. The execution ceremony has formal requirements such as the signature, attestation and writing...