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.
The
testator 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 spouse.
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 serve the
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 sign.
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).
