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Questions and Answers
Testate succession refers to the distribution of a deceased person's property according to their ______.
will
A testate is a person who dies leaving a valid ______.
will
The testator has complete control over the distribution of their property, making it a ______ process.
voluntary
A ______ bequest is a gift of the remainder of the estate after all specific bequests have been made.
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The ______ is the person responsible for carrying out the instructions in the will and managing the estate.
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A valid will ensures that the testator's wishes are respected and carried out, helping to avoid ______ among beneficiaries.
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Study Notes
Definition and Overview
- Testate succession refers to the distribution of a deceased person's property according to their will.
- A testate is a person who dies leaving a valid will.
- The will outlines the deceased person's wishes for the distribution of their estate, including who should inherit their property and in what proportions.
Key Characteristics
- Voluntary: The testator (the person making the will) has complete control over the distribution of their property.
- Intentional: The testator's wishes are explicitly stated in the will.
- Specific: The will specifies who should inherit specific assets or property.
Types of Bequests
- Specific bequest: A gift of a specific item or property to a named beneficiary.
- Residuary bequest: A gift of the remainder of the estate after all specific bequests have been made.
- Demonstrative bequest: A gift of a specific item or property, but if that item is no longer available, a substitute will be given.
Roles and Responsibilities
- Executor: The person responsible for carrying out the instructions in the will and managing the estate.
- Beneficiary: The person or people who inherit property or assets from the deceased person's estate.
Importance of a Valid Will
- A valid will ensures that the testator's wishes are respected and carried out.
- A valid will can help to avoid disputes and conflicts among beneficiaries.
- A valid will can also reduce the likelihood of the estate being distributed according to the laws of intestacy (i.e., without a will).
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Description
Learn about the definition and overview of testate succession, key characteristics, types of bequests, roles and responsibilities, and the importance of a valid will in distributing a deceased person's property according to their wishes. Understand the roles of the testator, executor, and beneficiary, and the benefits of having a valid will.
