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Legal Definitions - last will
Definition of last will
A last will, often simply called a will, is a legal document that allows an individual (the "testator") to specify how their assets and property should be distributed after their death. It also enables them to appoint an executor to manage their estate, name guardians for minor children, and make other important decisions regarding their affairs.
Here are some examples illustrating the application of a last will:
Example 1: Asset Distribution and Executor Appointment
Maria, a retired teacher, creates a last will. In it, she states that her house should go to her daughter, her savings account should be divided equally between her two grandchildren, and her collection of antique books should be donated to the local library. She also names her trusted friend, David, as the executor of her estate, tasking him with ensuring all her wishes are carried out. This example demonstrates a last will's primary function: to clearly outline the distribution of assets and appoint an individual responsible for administering the estate according to the testator's instructions.Example 2: Guardianship for Minor Children
Mark and Sarah, parents of two young children, draft a last will. Beyond detailing how their financial assets and property should be managed and distributed, their will specifically designates Sarah's sister, Emily, as the legal guardian for their children should both Mark and Sarah pass away unexpectedly. This provision is crucial because it ensures their children would be cared for by someone they trust, rather than a court making that decision, thereby illustrating how a last will can address the critical issue of guardianship for dependents.Example 3: Specific Bequests and Digital Assets
Mr. Henderson, a successful entrepreneur, executes a last will that includes several specific bequests. He leaves a significant sum to his alma mater for a scholarship fund, donates his extensive art collection to a museum, and provides instructions for accessing and managing his various online accounts and digital assets, such as cryptocurrency holdings and social media profiles. This example highlights the versatility of a last will, showing how it can be used not only for traditional property but also for charitable giving and the increasingly important management of digital legacies.
Simple Definition
A last will, commonly referred to as a will, is a legal document that specifies how a person's property and assets should be distributed after their death. It typically names an executor to manage the estate and can also designate guardians for minor children.