Explain the different sections or clauses, in order, of a will.

What will be an ideal response?


The opening clause is called the exordium clause and it identifies the testator, the domicile, and establish that this is in fact a will. The next clause is called the apportionment clause which lets the personal representative and the probate court know how debts and other charges to the estate are to be paid. Next comes the dispositive provisions which expresses how the property and assets will be passed to the beneficiaries. After all the main assets are specifically addressed, a residue clause addresses how all the remaining property is to be dispersed. Following the residuary clause is usually a clause in which the personal representative is appointed. This is followed by a guardian clause which addresses any minor children that need care. Some wills will have a “in terrorem” clause which is a clause designed to prevent benefactors from contesting the will. The last two clauses are the testimonium clause which includes the testator’s signature and date of execution, and that is followed by the attestation clause in which the witnesses sign the will.

Legal Studies & Paralegal

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Legal Studies & Paralegal