Establishing a trust can also provide more protection than an outright gift, if the testator
is concerned that others may have a claim against the beneficiary of the gift.
Baron, 'Irresolute Testators
, Clear and Convincing Wills Law' (2016) 73 Washington & Lee Law Review 3, 9, 15-16.
made a will appointing one of her two daughters as executor and naming both daughters as beneficiaries.
In either case, the testator
can identify his family members (although suffering from a delusion concerning characteristics of those family members).
For example, less than one-quarter (n = 328, 24 per cent) of all testators
had included funeral instructions and fewer will makers (n = 238, 17 per cent) had included a specific trust.
A post-nuptial testamentary document would survive even if it disinherited the testators
As Gulliver and Tilson observed, the need to protect testators
from duress or undue influence depends upon their vulnerability.
Generally, the Lithuanian legal system enables the testator
to bequeath his/her estate, its part or a single thing to the society for useful or charitable purposes.
doctrines within the law of wills that apply to all testators
In all Australian states and territories, these formal requirements are that, to be valid, a will must be in writing and signed by the testator
in the presence of attesting witnesses who actually see the testator
The problem arises that, every so often, testators
fail to construct their wills in a manner producing a complete estate plan.
Bonfield concludes, quite reasonably if somewhat unsatisfactorily, that the probate courts, given great discretionary leeway in the period's culture of will-making, simply must have ruled in favor of those litigants who were, with the help of their witnesses and attorneys, best able to craft persuasive narratives about testators
, their will-making, and their dying intentions (see esp 106-07, 128-29, 154-55, and 175-76).