Sentences with phrase «testamentary instrument»
A testamentary instrument refers to a legal document that outlines how a person's assets and possessions will be distributed after their death. It usually refers to a last will and testament, which is used to express a person's final wishes regarding their estate, property, and beneficiaries. Full definition
The plaintiffs attempted to have these revised testamentary instruments enacted.
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Sometimes there are competing testamentary instruments (i.e., 2 parties have a different will executed by the same decedent and feel the other document is not valid).
Altering an existing testamentary instrument will guarantee problems with proving the will.
WEL focuses on opinions, dispute resolution, litigation and mediation of estate, trust and related matters including issues of undue influence, decisional capacity, fraud, forgery, suspicious circumstances and technical breaches respecting testamentary instruments.
However, they do need to be drafted in a way that makes it clear that the document is meant to be a will or a «testamentary instrument», intending to leave property after the death of the testator.
Section 430 (3) of the Criminal Code pursuant to which Mr. Ivory is charged enacts as follows: 430 (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction.
But the value of the property (unless it is a testamentary instrument) must be averred and proved so as to bring the matter under either s. 387 (3) or (4) as the case may be.
(a) is guilty of an indictable offense and liable to a term of imprisonment not exceeding fourteen years, where the subject - matter of the offense is a testamentary instrument or the value of the subject - matter of the offense exceeds five thousand dollars; or
A testamentary instrument is either a will or a legal trust which a person has set up so that his possessions will be given to family and friends once he or she has died.
Fraud over $ 5000 or involving a testamentary instrument is an indictable offence.
A share of the separate property of the decedent equal in value to that which the spouse would have received if the decedent had died without having executed a testamentary instrument, but in no event is the share to be more than one - half of the value of the separate property in the estate.
Except as provided in Section 21611, if a decedent fails to provide in a testamentary instrument will for the decedent's surviving spouse who married the decedent after the execution of all of the decedent's testamentary instruments, the omitted spouse shall receive a share in the decedent's estate consisting of the following property in the estate: