Dictionary of Legal Terms

Will

A document in which a person (the testator) directs how his or her property is to be distributed upon his or her death. To be competent to make a valid will, a person must be an adult. Further, the person must be sufficiently aware to know: 1) the nature and extent of his or her property; and 2) the identity of those who are the natural objects of his or her generosity (that is, his or her family and friends) even though these need not be made beneficiaries. The will must be in writing, signed at the end by the testator, and acknowledged in the presence of at least two witnesses, who also must sign. An oral will, called a nuncupative will, is valid only for personal property and provided: 1) it is made when the testator is dying and knows he is dying; and 2) it is made to at least two competent witnesses who 3) reduce it to writing within ten days thereafter and 4) file it with the probate court within six months. See bequest, codicil, personal property.

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This dictionary was developed by the Ohio State Bar Association with funding from the Ohio State Bar Foundation. The information contained in this dictionary is general and should not be applied to specific legal problems without first consulting your own attorney.

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© 2007 Ohio State Bar Association. All rights reserved. Used with permission.

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