wex definitions

territorial jurisdiction

Territorial jurisdiction is the court's power to bind the parties to the action. This law determines the scope of federal and state court power. State court territorial jurisdiction is determined by the Due Process Clause of the Constitution'...

terrorem clause

In terrorem clauses, also known as a no-contest clauses, are clauses in a will that impose upon a devisee or legatee a condition that they will not dispute the provisions of a will. Such clauses are used to discourage challenges to a will by...

Terry stop / stop and frisk

A Terry stop is another name for stop and frisk; the name was generated from the U.S Supreme Court case Terry v. Ohio. When a police officer has a reasonable suspicion that an individual is armed, engaged in, or about to be engaged in criminal conduct...

test case

Test cases refer to legal actions brought with the intention of challenging or receiving clarification on a present law. The strategy usually involves creating a “controversy” to get into a court that otherwise would not lead to a legal...

testacy

Testacy refers to the condition of leaving a valid will. It is compared to intestacy, in which someone dies without a valid will and their estate passes under state laws of descent and distribution. Dying testate does not allow the...

testamentary

Of or relating to a will or testament. Often used to denote that something was provided for, appointed by or created by a will.

See testamentary capacity, testamentary power of appointment, testamentary trust.

testamentary capacity

Testamentary capacity refers to the ability of a person to make a valid will. Most states have both an age requirement (usually 18 years old) and a mental capacity requirement. To have mental capacity, the testator must have the ability to know: (1)...

testamentary disposition

Testamentary disposition is a disposition or transfer of property by the testator by gift, deed, or will, but the disposition does not become effective until after the testator's death, and the testator retains essentially full control of the...

testamentary power of appointment

A power of appointment that the donee can only exercise by will. This can be contrasted with a presently exercisable power of appointment.

testamentary trust

A testamentary trust is a trust that is created in a will. It begins upon the death of the testator.

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