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LSDefine

Simple English definitions for legal terms

proving a will

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A quick definition of proving a will:

Proving a will means showing a court that a document is a valid will. This is usually done by proving that the person who wrote the will signed and dated it, and that it was witnessed by at least two other people. If the will is handwritten and not witnessed, it can still be valid if friends and family can confirm that the handwriting is the deceased person's. If the original will is lost or destroyed, other sources of proof can be used, such as recordings or testimony from witnesses. If a will is found to be fraudulent or influenced by someone else, it is not valid. When someone dies, their will is used to distribute their property and belongings to their loved ones.

A more thorough explanation:

Definition: Proving a will is the process of convincing a probate court that a document is a valid will. This is usually done by showing that the will was signed and dated by the deceased person and witnessed by at least two other people. If the will is completely handwritten by the deceased and not witnessed, it can still be considered valid in some states if the executor can prove that the handwriting is the deceased's. Secondary sources, such as recordings of declarations by the deceased, can also be used to establish the validity of a will.

Example: John passed away and left behind a handwritten will that was not witnessed. His executor, Sarah, must prove that the will is valid by producing friends and family members who can testify that the handwriting is John's. If Sarah can successfully prove the will, it can be used to distribute John's assets according to his wishes.

Explanation: This example illustrates how a holographic will, or a will that is completely handwritten by the deceased and not witnessed, can still be considered valid if the executor can prove its authenticity. In this case, Sarah must provide evidence that the handwriting on the will is John's, such as testimony from friends and family members who are familiar with his handwriting.

Example: Mary's will was lost, but her executor, Tom, was able to produce a certified copy of the record of the proceedings in probating the will. This copy was used to establish the terms of the will and distribute Mary's assets according to her wishes.

Explanation: This example illustrates how secondary sources, such as certified copies of probate proceedings, can be used to establish the validity of a will when the original document is lost or improperly destroyed. In this case, Tom was able to use the certified copy to prove the terms of Mary's will and distribute her assets accordingly.

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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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