When referring to a title, it is customarily capitalized. You would not if you were writing about a notion in general. If you were to write, "The lawyer was studying Mary W. Smith's Last Will and Testament," you would capitalize "will" since it is the title of a document.
A last will and testament is a written statement that specifies how your estate is to be distributed after your death. The legal terminology for this document is "last will and testament." Like any other word, phrase, or sentence, the last will and testament should be properly punctuated.
As with any other type of writing, the last will and testament can be broken down into its various parts: subject, verb, and direct object. The part of the will that defines who gets what after you die is called the "scheme" or "distribution scheme." This is usually done using terms such as "my wife", "my daughter", and "any remaining funds".
The person(s) who are to carry out the distribution scheme are called "legatees." Your family member or members who get something when you die are called "beneficiaries."
A will is a declaration of intent, and like any other declaration of intent, it must be in writing and signed by the testator.
1 answer It should not be capitalized in general, although there has been a recent trend to capitalize it. The trend appears to be gaining traction among attorneys, whose capitalization sense appears to have been distorted by the habit of capitalizing carefully defined phrases in legal papers.
2 answers You should not capitalize this word when referring to your will. Only use an initial cap when naming your will-- such as "The last WILL & TESTAMENT OF ALLODEVIOUS BERNARD" or "JEAN PELLET's LAST WILL AND TESTAMENT".
3 answers Capitalize the term if it refers to something that is your final act; that is, your will and any other documents that you sign before a notary public or another authorized person. If you die without writing a will, then someone will have to decide what happens to your property. This person may choose to distribute your property according to what they think would have happened if you had written a will. This decision may not be what you intended, which is why it is important to make sure your wishes are known before you die.
4 answers You should capitalize the phrase when used in association with death. For example, if you write a will but then live longer than expected, it is important to update your will to reflect any changes in your property ownership.
Making Your Will
The Christian Writer's Manual of Style has a detailed list of which religious phrases should be capitalized. Here are a couple such examples: Likewise, capitalize Almighty but not God. Do not capitalize Christ or the Holy Spirit.
In general, proper nouns (such as names of people) are capitalized. Words used as adjectives or adverbs are not usually capitalized unless they modify a name or title: the blue bird, not the blue birder; once upon a time, not once upon a time; formally dressed, not Formally Dressed.
Collective terms are also not capitalized: men and women, parents and children. But words like church and god used as adjectives or adverbs are not capitalized: church bells, to go to church; God knows everything, he is almighty. Capitalizing words makes them act as nouns, which can be confusing because many other words that begin with letters that sound like names are not capitalized: police officer, fireman, priest, minister.
A last will and testament is an estate-planning document that, among other things, describes and clarifies what you intend to do with your property when you die. Your will contains all of the important information about who will inherit your property. Your heirs may not know they are entitled to your property until you tell them by means of your will.
Your will isn't required by any court or administrative body; it's a legal document that specifies how you want your assets to be distributed after you die. There are two main purposes for writing a will: first, so that your wishes can be fulfilled after you die; second, so that your family will know what to expect when someone dies without a will.
The people who will benefit most from writing a will are those who have not done so already. If you own any real estate, make sure that you identify its current market value on the will. You should also include instructions for transferring ownership of this property to your heirs. If you have any stocks or bonds, list their names and addresses too. Include a statement indicating that these items belong to your heirs and should be transferred into their own names as soon as possible after your death.
It is advisable to write your will before you lose interest in living. However, if you wait until then, there is no harm in doing so.