property law

testamentary

Testamentary is of or relating to a will or testament. The term is often used to denote that something was provided for, appointed by or created by a will.

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

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...

testamentary power of appointment

A testamentary power of appointment is a power of appointment that the donee can only exercise through their will. This can be contrasted with a presently exercisable power of appointment.

[Last updated in June of 2024 by the Wex...

testamentary trust

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

[Last updated in June of 2024 by the Wex Definitions Team]

testate

When a person dies testate, it means they had a valid will at the time of their death.

Compare: Intestate

[Last updated in June of 2024 by the Wex Definitions Team]

testatrix

Testatrix is an antiquated term used for a female testator. The term testator is now used regardless of gender identity.

[Last updated in March of 2022 by the Wex Definitions Team]

tidelands

Tideland is the wet sand area between the high and low tides that the tidal action covers each day. Tideland is also referred to as the foreshore. Normally this land is owned by the owner of the land which fronts on the sea at that point....

title (property)

In matters of property law, title constitutes the legal basis of ownership. Distinct from possession, title is sometimes synonymous with absolute ownership. Depending on the property, title is represented by documentary evidence of ownership...

title insurance

Title insurance is coverage purchased by buyers of real estate to protect against issues of title. In a real estate transaction, a title company or another institution will conduct a title search for any erroneous issues with the title, and...

title search

A title search is a search of the public records for any defects or encumbrances in a property's chain of title. Title searches are needed so that prospective buyers and secured creditors are not later surprised by ownership disputes that...

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