A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance.
In civil law and Roman law, the legitime, also known as a forced share or legal right share, of a decedent's estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause. The word comes from French héritier légitime, meaning "rightful heir."
An aunt is a woman who is a sibling of a parent or married to a sibling of a parent. Aunts who are related by birth are second-degree relatives. Alternate terms include auntie or aunty. Children in other cultures and families may refer to the cousins of their parents as aunt or uncle due to the age and generation gap. The word comes from Latin: amita via Old French ante and is a family relationship within an extended or immediate family.
Consanguinity is the characteristic of having a kinship with a relative who is descended from a common ancestor.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.
A cousin is a relative that is the child of a parent's sibling; this is more specifically referred to as a first cousin.
A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator or that the will is otherwise invalid. Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue influence or fraud. A will may be challenged in its entirety or in part.
The slayer rule, in the U.S. law of inheritance, stops a person inheriting property from a person they murdered.
The immediate family is a defined group of relations, used in rules or laws to determine which members of a person's family are affected by those rules. It normally includes a person's parents, siblings, spouse, and children. It can contain others connected by birth, adoption, marriage, civil partnership, or cohabitation, such as grandparents, grandchildren, aunts, uncles, siblings-in-law, half-siblings, cousins, adopted children, step-parents/step-children, and cohabiting partners. The term close relatives is used similarly.
In law and in cultural anthropology, affinity is the kinship relationship created or that exists between two people as a result of someone's marriage. It is the relationship each party in the marriage has to the family of the other party in the marriage. It does not cover the marital relationship itself. Laws, traditions and customs relating to affinity vary considerably, sometimes ceasing with the death of one of the marriage partners through whom affinity is traced, and sometimes with the divorce of the marriage partners. In addition to kinship by marriage, "affinity" can sometimes also include kinship by adoption or a step relationship.
The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral expenses, and distribute the remainder according to the procedure set down by law. Such a person is known as the administrator of the estate and will enjoy similar powers to those of an executor under a will.
Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased.
International tax law distinguishes between an estate tax and an inheritance tax. An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate of a person who has died. However, this distinction is not always observed; for example, the UK's "inheritance tax" is a tax on the assets of the deceased, and strictly speaking is therefore an estate tax.
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will.
Family is a group of people related either by consanguinity or affinity. It forms the basis for social order. The purpose of the family is to maintain the well-being of its members and of society. Ideally, families offer predictability, structure, and safety as members mature and learn to participate in the community. Historically, most human societies use family as the primary purpose of attachment, nurturance, and socialization.
Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.
In the law of inheritance, a laughing heir is an heir who is legally entitled to inherit the property of a person who has died, even though that heir is only distantly related to the deceased, and therefore has no personal connection or reason to feel bereaved over the death.
Collateral is a term used in kinship to describe kin, or lines of kin, that are not in a direct line of descent from an individual. Examples of collateral relatives include siblings of parents or grandparents and their descendants. Collateral descent is contrasted with lineal descent: those related directly by a line of descent such as the children, grandchildren, great-grandchildren, etc. of an individual. Though both forms are consanguineal, collaterals are neither ancestors nor descendants of a given person. In legal terminology, 'Collateral descendant' refers to relatives descended from a sibling of an ancestor, and thus a niece, nephew, or cousin.
Intestate succession in South African law takes place whenever the deceased leaves property which has not been disposed of by valid testamentary instrument. In other words, the law of intestate succession applies only:
