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58-633: The medal, established in accordance with Lamme's will , bears the inscription "The engineer views hopefully the hitherto unattainable." The medal continued to be awarded as the IEEE Lamme Medal by the board of directors of the Institute of Electrical and Electronics Engineers (IEEE), after the AIEE organization merged into the IEEE in 1963. The scope was also extended to 'meritorious achievement in

116-536: A condition of receipt. In community property jurisdictions, a will cannot be used to disinherit a surviving spouse, who is entitled to at least a portion of the testator's estate. In the United States, children may be disinherited by a parent's will, except in Louisiana, where a minimum share is guaranteed to surviving children except in specifically enumerated circumstances. Many civil law countries follow

174-407: A court will normally still attempt to read the wills together to the extent they are consistent. In some jurisdictions, the complete revocation of a will automatically revives the next-most recent will, while others hold that revocation leaves the testator with no will, so that their heirs will instead inherit by intestate succession . In England and Wales , marriage will automatically revoke

232-410: A lawyer to draft a will. People may draft a will with the assistance of a lawyer, use a software product or will form, or write their wishes entirely on their own. Some lawyers offer educational classes for people who want to write their own will. When obtained from a lawyer, a will may come as part of an estate planning package that includes other instruments, such as a living trust . A will that

290-617: A minor can emancipate at 16 in the US (or younger depending on the state) but must still wait until 18 to vote or buy a firearm, and 21 to buy alcohol or tobacco. The age 18 is identified as the age of adulthood in the Jewish Talmud relative to having sound judgement to make monetary decisions as a judge. Here, the Talmud says that every judgment Josiah , the sixteenth king of Judah ( c.  640 –609 BCE), issued from his coronation until

348-503: A part of the Convention, it may be appropriate for the person to have multiple wills, one for each country. In some nations, multiple wills may be useful to reduce or avoid taxes upon the estate and its assets. Care must be taken to avoid accidental revocation of prior wills, avoid conflicts between the wills, and anticipate jurisdictional and choice of law issues that may arise during probate. Intentional physical destruction of

406-435: A plan would show that the testator intended the revocation to result in the property going elsewhere, rather than just being a revoked disposition. Secondly, courts require either that the testator have recited their mistake in the terms of the revoking instrument, or that the mistake be established by clear and convincing evidence. For example, when the testator made the original revocation, he must have erroneously noted that he

464-486: A similar rule. In England and Wales from 1933 to 1975, a will could disinherit a spouse; however, since the Inheritance (Provision for Family and Dependants) Act 1975 such an attempt can be defeated by a court order if it leaves the surviving spouse (or other entitled dependent) without "reasonable financial provision". There is no legal requirement that a will be drawn up by a lawyer, and some people may resist hiring

522-432: A testator mistakenly believes that an earlier will can be revived by the revocation of a later will, the court will ignore the later revocation if the later will comes closer to fulfilling the testator's intent than not having a will at all. The doctrine also applies when a testator executes a second, or new will and revokes their old will under the (mistaken) belief that the new will would be valid. However, if for some reason

580-501: A valid one, came out of an accident. On 8 June 1948 in Saskatchewan , Canada, a farmer named Cecil George Harris became trapped under his own tractor . Thinking he would not survive (though found alive later, he died of his injuries in hospital), Harris carved a will into the tractor's fender, which read: In case I die in this mess I leave all to the wife. Cecil Geo. Harris. The fender was probated and stood as his will. The fender

638-564: A variety of ages. In Medieval England , the age of majority was 15 but later raised to 21. Since 2015, some countries have lowered the voting age to 16. Some countries, like England and Wales , are even considering lowering the age of majority to 16, similar to how it already is in Cuba and Scotland . The main argument for lowering is that, on average, young people are much more educated (both because of better individual educational outcomes and being raised by more educated parents) than in

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696-409: A will by the testator will revoke it, through deliberately burning or tearing the physical document itself, or by striking out the signature . In most jurisdictions, partial revocation is allowed if only part of the text or a particular provision is crossed out. Other jurisdictions will either ignore the attempt or hold that the entire will was actually revoked. A testator may also be able to revoke by

754-408: A will has been accidentally destroyed, on evidence that this is the case, a copy will or draft will may be admitted to probate . Many jurisdictions exercise an equitable doctrine known as "dependent relative revocation" ("DRR"). Under this doctrine, courts may disregard a revocation that was based on a mistake of law on the part of the testator as to the effect of the revocation. For example, if

812-410: A will, for it is presumed that upon marriage a testator will want to review the will. A statement in a will that it is made in contemplation of forthcoming marriage to a named person will override this. Divorce, conversely, will not revoke a will, but in many jurisdictions will have the effect that the former spouse is treated as if they had died before the testator and so will not benefit. Where

870-440: Is called upon to testify or sign a "proof of witness" affidavit. In some jurisdictions, however, statutes may provide requirements for a "self-proving" will (must be met during the execution of the will), in which case witness testimony may be forgone during probate. Often there is a time limit, usually 30 days, within which a will must be admitted to probate. In some jurisdictions, only an original will may be admitted to probate—even

928-480: Is currently on display at the law library of the University of Saskatchewan College of Law . After the testator has died, an application for probate may be made in a court with probate jurisdiction to determine the validity of the will or wills that the testator may have created, i.e., which will satisfy the legal requirements, and to appoint an executor . In most cases, during probate, at least one witness

986-470: Is derived from a period in English law when Old English and Law French were used side by side for maximum clarity. Other such legal doublets include " breaking and entering " and "peace and quiet". The concept of the freedom of disposition by will, familiar as it is in modern England and the United States, both generally considered common law systems, is by no means universal. In fact, complete freedom

1044-525: Is drafted by a lawyer should avoid possible technical mistakes that a layperson might make that could potentially invalidate part or all of a will. While wills prepared by a lawyer may seem similar to each other, lawyers can customize the language of wills to meet the needs of specific clients. In 1973 an international convention, the Convention providing a Uniform Law on the Form of an International Will ,

1102-470: Is gradually becoming an adult, not necessarily stating that one is legally allowed to partake in any or all activities specified for adults. Many ages of license are correlated to the age of majority to recognize the transition to legal adulthood, but they are nonetheless legally distinct concepts. One need not have attained the age of majority to have permission to exercise certain rights and responsibilities. Some ages of license may be higher, lower, or match

1160-464: Is the exception rather than the rule. Civil law systems often put restrictions on the possibilities of disposal; see for example " Forced heirship ". LGBT advocates have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions . Opponents of such advocacy rebut this claim by pointing to the ability of same-sex couples to disperse their assets by will. Historically, however, it

1218-513: Is the threshold of legal adulthood as recognized or declared in law . It is the moment when a person ceases to be considered a minor and assumes legal control over their person, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them. Most countries set the age of majority at 18, but some jurisdictions have a higher age and others lower. The word majority here refers to having greater years and being of full age as opposed to minority ,

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1276-444: Is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy . Though it has been thought a "will" historically applied only to real property, while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), records show the terms have been used interchangeably. Thus,

1334-668: The Egyptian queen Cleopatra . In the modern era, the Thellusson v Woodford will case led to British legislation against the accumulation of money for later distribution and was fictionalized as Jarndyce and Jarndyce in Charles Dickens 's Bleak House . The Nobel Prizes were established by Alfred Nobel 's will. Charles Vance Millar 's will provoked the Great Stork Derby , as he successfully bequeathed

1392-433: The age of maturity , age of sexual consent , age of criminal responsibility , marriageable age , school-leaving age , legal working age , drinking age , driving age , voting age , smoking age , gambling age , etc., which each may be independent of and set at a different age from the age of majority. The term "age of majority" can be confused with the similar concept of the age of license , which also pertains to

1450-657: The late Republic ; it provided him the resources necessary to win the civil wars against the " Liberators " and Antony and to establish the Roman Empire under the name Augustus . Antony's officiating at the public reading of the will led to a riot and moved public opinion against Caesar's assassins. Octavian's illegal publication of Antony's sealed will was an important factor in removing his support within Rome, as it described his wish to be buried in Alexandria beside

1508-422: The IEEE decided to discontinue this medal. Will (law) This is an accepted version of this page Sections Contest Property disposition Common types Other types Governing doctrines A will and testament is a legal document that expresses a person's ( testator ) wishes as to how their property ( estate ) is to be distributed after their death and as to which person ( executor )

1566-654: The Russian Federation, Sierra Leone, the United Kingdom, and the United States have signed but not ratified. International wills are only valid where the convention applies. Although the U.S. has not ratified on behalf of any state, the Uniform law has been enacted in 23 states and the District of Columbia. For individuals who own assets in multiple countries and at least one of those countries are not

1624-487: The age of eighteen was reversed and he returned the money to the parties whom he judged liable, due to concern that in his youth he may not have judged the cases correctly. Other Jewish commentators have discussed whether age 13 or 18 is the age to make decisions in a Jewish Court . The highest known age of majority historically was around age 30, during the age of the Roman Empire, where young males were placed under

1682-404: The age of majority can be referred to as minors. For example, if a country's age of majority is 18, but the legal drinking age is 21, then a 20 year old would still be considered a "minor" in situations involving buying or consuming alcohol. Another example is the age to consent to sexual activity , which in most of the cases in the world is under the age of majority. In other cases, it can be above

1740-661: The age of majority is 18 in most states. In the Republic of Ireland the age of majority is 18, but one must be over 21 to stand for election to the Houses of the Oireachtas . Also, in Portugal the age of majority is 18, but one must be at least 25 years of age to run for public office and 35 to run for president. A child who is legally emancipated by a court of competent jurisdiction automatically attains to their maturity upon

1798-445: The age of majority, and in that case the younger part, despite having already reached the legal adulthood, would be still referred to as minor or underage to consent to sexual activity. If a minor attempts to use adult privileges without being of age, they have committed a crime . Therefore, they could be prosecuted as a criminal and sentenced to fines or, more rarely, incarceration . Age of majority should not be confused with

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1856-472: The age of majority. For example, to purchase alcoholic beverages , the age of license is 21 in all U.S. states. Another example is the voting age, which prior to 1971 was 21 in the US, as was the age of majority in all or most states. After the voting age was lowered from 21 to 18, the age of majority was lowered to 18 in most states. In most US states, one may obtain a driver's license, consent to sexual activity, and gain full-time employment at age 16 even though

1914-523: The beginning of the day of that person's relevant birthday; under English common law this was not always the case. In many countries minors can be emancipated : depending on jurisdiction, this may happen through acts such as marriage , attaining economic self-sufficiency, obtaining an educational degree or diploma , or participating in a form of military service . In the United States, all states have some form of emancipation of minors. The age of majority in countries (or administrative divisions ) in

1972-518: The bulk of his estate to the Toronto -area woman who had the greatest number of children in the ten years after his death. (The prize was divided among four women who had nine, with smaller payments made to women who had borne 10 children but lost some to miscarriage. Another woman who bore ten children was disqualified, for several were illegitimate.) The longest known legal will is that of Englishwoman Frederica Evelyn Stilwell Cook. Probated in 1925, it

2030-664: The calculation of the spousal elective share. The elective share is calculated through the "net estate". The net estate is inclusive of property that passed by the laws of intestacy, testamentary property, and testamentary substitutes, as enumerated in EPTL 5-1.1-A. New York's classification of testamentary substitutes that are included in the net estate make it challenging for a deceased spouse to disinherit their surviving spouse. In antiquity , Julius Caesar 's will , which named his grand-nephew Octavian as his adopted son and heir, funded and legitimized Octavian's rise to political power in

2088-535: The date may appear anywhere in the testament, the testator must sign the testament at the end of the testament. Any additions or corrections must also be entirely hand written to have effect. In England, the formalities of wills are relaxed for soldiers who express their wishes on active service; any such will is known as a serviceman's will. A minority of jurisdictions even recognize the validity of nuncupative wills (oral wills), particularly for military personnel or merchant sailors. However, there are often constraints on

2146-420: The deceased spouse leaves a will which expressly devises the marital home to someone other than the surviving spouse. The surviving spouse may elect, contrary to the intent of the will, to live in the home for the remainder of his/her lifetime. This is called a " life estate " and terminates immediately upon the surviving spouse's death. The historical and social policy purposes of such statutes are to assure that

2204-493: The development of electrical or electronic power apparatus or systems.' The first Lamme Medal was presented in 1928 to Allan B. Field "for the mathematical and experimental investigation of eddy current losses in large slot wound conductors in electrical machinery". The last Lamme Medal was presented in 2002. Since then, the IEEE Lamme Medal Fund has had no sponsor, and the medal has not been awarded. In 2008,

2262-443: The disposition of property if such an oral will is used. Any person over the age of majority and having " testamentary capacity " (i.e., generally, being of sound mind ) can make a will, with or without the aid of a lawyer. Required content varies, depending on the jurisdiction, but generally includes the following: A will may not include a requirement that an heir commit an illegal, immoral, or other act against public policy as

2320-457: The doctrine of relative revocation will not apply if the interlineation decreases the amount of the gift from the original provision (e.g., "$ 5,000 to Alice Johnson" is crossed out and replaced with "$ 3,000 to Alice Johnson" without Testator's signature or the date in the margin; DRR does not apply and Alice Johnson will take nothing). Similarly, if Tom crosses out that clause and writes in the margin "$ 5,000 to Betty Smith" without signing or dating

2378-497: The guardianship of adults known as " Curatores " whose permission was needed to engage in formal acts and sign contracts until the youth turned 30. This was later lowered to 25, and eventually 21 became the common age of majority. In some places historically, 23 or 27 could have also been this age. It has also been as low as 14 or 15 years of age. They are somewhat arbitrarily chosen, but have rarely been designated outside of this approximate age range. It has not always been 18 or 21 but

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2436-413: The margin, but does not sign or date the writing in the margin, most states would find that Tom had revoked the earlier provision, but had not effectively amended his will to add the second; however, under DRR the revocation would be undone because Tom was acting under the mistaken belief that he could increase the gift to $ 7,000 by writing that in the margin. Therefore, Alice will get 5,000 dollars. However,

2494-409: The most accurate photocopy will not suffice. Some jurisdictions will admit a copy of a will if the original was lost or accidentally destroyed and the validity of the copy can be proved to the satisfaction of the court. If the will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a will were never drafted. Age of majority The age of majority

2552-441: The new will is not valid, a court may apply the doctrine to reinstate and probate the old will, if the court holds that the testator would prefer the old will to intestate succession. Before applying the doctrine, courts may require (with rare exceptions) that there have been an alternative plan of disposition of the property. That is, after revoking the prior will, the testator could have made an alternative plan of disposition. Such

2610-480: The past (the same argument was made in the 1970s when most countries lowered the age of majority from 21 to 18, which remains the age used for most countries). In addition, compared to the past, information is much more easily accessible as a result of the spread of the Internet , which can be accessed through both the personal computer and the smartphone . A person reaches the age of majority at midnight at

2668-512: The physical act of another (as would be necessary if he or she is physically incapacitated), if this is done in their presence and in the presence of witnesses. Some jurisdictions may presume that a will has been destroyed if it had been last seen in the possession of the testator but is found mutilated or cannot be found after their death. A will may also be revoked by the execution of a new will. Most wills contain stock language that expressly revokes any wills that came before them, because otherwise

2726-607: The signing of the court order. Only emancipation confers the status of maturity before a person has actually reached the age of majority. In almost all places, minors who marry are automatically emancipated. Some places also do the same for minors who are in the armed forces or who have a certain degree or diploma. Minors who are emancipated may be able to choose where they live, sign contracts, and have control over their financial and medical decisions and generally make decisions free from parental control but are not exempt from age requirements set forth in law for other rights. For example,

2784-469: The state of being a minor. The law in a given jurisdiction may not actually use the term "age of majority". The term typically refers to a collection of laws bestowing the status of adulthood. Those under the age of majority are referred to as minors and are legally forbidden from enjoying certain privileges or rights (e.g. the right to vote, buy and/or drink alcohol, marry, sign a binding contract). However, there are exceptions in which those who have reached

2842-457: The surviving spouse receives a statutorily set minimum amount of property from the decedent. Historically, these statutes were enacted to prevent the deceased spouse from leaving the survivor destitute, thereby shifting the burden of care to the social welfare system. In New York, a surviving spouse is entitled to one-third of her deceased spouse's estate. The decedent's debts, administrative expenses and reasonable funeral expenses are paid prior to

2900-404: The testator's own hand, or in some modern formulations, with material provisions in the testator's hand. The distinctive feature of a holographic will is less that it is handwritten by the testator, and often that it need not be witnessed. In Louisiana this type of testament is called an olographic testament. It must be entirely written, dated, and signed in the handwriting of the testator. Although

2958-416: The threshold of adulthood but in a much broader and more abstract manner. As a legal term of art, "license" means "permission", which leads to implications of a legally enforceable right or privilege. Thus, an age of license is an age at which one has legal permission from a given government to participate in certain activities or rituals. The age of majority, on the other hand, is a legal recognition that one

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3016-471: The will". In the United States, many states have probate statutes that permit the surviving spouse of the decedent to choose to receive a particular share of deceased spouse's estate in lieu of receiving the specified share left to him or her under the deceased spouse's will. As a simple example, under Iowa law (see Code of Iowa Section 633.238 (2005) Archived 2018-06-27 at the Wayback Machine ),

3074-469: The word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch , the written will was invented by Solon . Originally, it was a device intended solely for men who died without an heir . The English phrase "will and testament"

3132-444: The writing, the gift to Alice will be effectively revoked. In this case, it will not be restored under the doctrine of DRR because even though Tom was mistaken about the effectiveness of the gift to Betty, that mistake does not affect Tom's intent to revoke the gift to Alice. Because the gift to Betty will be invalid for lack of proper execution, that $ 5,000 will go to Tom's residuary estate. Also referred to as "electing to take against

3190-515: Was 1,066 pages, and had to be bound in four volumes; her estate was worth $ 102,000. The shortest known legal wills are those of Bimla Rishi of Delhi , India (four characters in Hindi meaning "all to son") and Karl Tausch of Hesse , Germany, ("Alles meiner Frau", meaning "all to wife"). The shortest will is of Shripad Krishnarao Vaidya of Nagpur, Maharashtra, consisting of five letters ("HEIR'S"). An unusual holographic will, accepted into probate as

3248-563: Was concluded in the context of UNIDROIT . The Convention provided for a universally recognised code of rules under which a will made anywhere, by any person of any nationality, would be valid and enforceable in every country that became a party to the Convention. These are known as "international wills". It is in force in Australia, Belgium, Bosnia-Herzegovina, Canada (in 9 provinces, not Quebec), Croatia, Cyprus, Ecuador, France, Italy, Libya, Niger, Portugal and Slovenia. The Holy See, Iran, Laos,

3306-429: Was observed that "[e]ven if a same-sex partner executes a will, there is risk that the survivor will face prejudice in court when disgruntled heirs challenge the will", with courts being more willing to strike down wills leaving property to a same-sex partner on such grounds as incapacity or undue influence . Types of wills generally include: Some jurisdictions recognize a holographic will , made out entirely in

3364-521: Was revoking the gift "because the intended recipient has died" or "because I will enact a new will tomorrow". DRR may be applied to restore a gift erroneously struck from a will if the intent of the testator was to enlarge that gift, but will not apply to restore such a gift if the intent of the testator was to revoke the gift in favor of another person. For example, suppose Tom has a will that bequeaths $ 5,000 to his secretary, Alice Johnson. If Tom crosses out that clause and writes "$ 7,000 to Alice Johnson" in

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