In the21st century， eighteen is the typical age of testamentary capacity. Full liberty of disposition is notuniversal. In particular， many states normally grant spouses the right to at least half the estate regardless of what the will says （ or if no will can be found） . Some require that children cannot be disinherited without good cause. In many case， children omitted in a will may still take their share. Louisiana followed French law， by which the testator can under no circumstances alienate by will more than half his property if he leave issue or ascendants. In 1911， the husband s consent was sometimes required for a married woman s will to be valid， but this is no longer the case. Nuncupative and holographic wills are valid in some states， but are forbidden in others. The former are confined to personality and must generally be reduced to writing within a short time after the words are spoken. In Louisiana the mystic or sealed will still existed in 1911. The number of witnesses necessary for the validity of a will of any kind is usually two， but Vermont requires three. To be valid， witnesses must not be heirs under the will. In 1911， wills of soldiers and sailors were privileged， as in England.
In modern U.S. law， wills are not required to be registered prior to death in most states， but are registered and put in the public record after the person making the will dies and the estate is probated. However， it is often still a good idea to have the signing and witnessing of a will notarized， to reduce the risk of disputes over the will s validity after death. Wills can be used to nominate guardians for minor children， but because children are not property， the will cannot have the final word on the question. Guardianship is decided by courts， though the usual outcome is that guardianship is awarded to the other surviving parent， or， if no parents survive， to the guardian nominated in the last surviving parents will.
testament / test m nt/n. 遗嘱
testator /testeit /n.立遗嘱者
attorney / t ni/n.代理人；律师
revoke /ri v uk/vt.废除；撤回，取消
revocation / rev kein/n.取消；撤回；废除
beneficiary / beni firi /n.受益人，受惠者
supernumerary / sju p nju m r ri/adj.多余的；后备的；临时雇用的
probate / pr ubeit/vt.遗嘱认证
affidavit /fi deivit/n.宣誓书
forgo /fg u/vt.弃绝，摒绝，放弃
intestacy /in test si/n.无遗嘱死亡
pitfall / pitf l /n.缺陷；陷阱，圈套
disinherit /disinherit/vt.剥夺的继承权
mutilated / mju tileitid/adj.残缺的；破坏的
equitable / ekwit bl/adj.公平的，公正的；平衡法的
reinstate / ri insteit/vt.使恢复；使复原
bequeath /bi kwi/vt.把遗赠给；把传下去；遗赠
residuary /ri zidju ri/adj.剩余的，残余的
marital / m rit l /adj.婚姻的；夫妇间的
alienate / eilj neit/vt.让与
notarize / n ut taiz /vt.确认；证明
LastW i l land Testam ent临终遗嘱；遗言
hol ographi c wi l l自书遗嘱
nuncupati ve wi l l口头遗嘱
i n l i eu of代替
1. estamentary trust （遗嘱信托）： A testamentary trust （ sometimes referred to as a will rust） is a trust which arises upon the death of the testator， and which is specified in his ill （ testamentary trust literally means a trust in a will） . A will may contain more than ne testamentary trust， and may address all or any portion of the estate.
2.ge of majority （法定成年人年龄）： The age of majority is the threshold of adulthood as it is conceptualized （ and recognized or declared） in law. It is the chronological moment when a minor ceases to legally be considered a child and assumes control over their persons，actions and decisions，thereby terminating the legal control and legal responsibilities of their parents or guardian over and for them.
3. odicil （遗嘱更改附录）： A codicil is a document that amends， rather than replaces， a reviously executed will. Amendments made by a codicil may add or revoke small rovisions （ e.g.， changing executors） ， or may completely change the majority， or all， of the gifts under the will.
4.robate （遗嘱公证）： Probateis thelegal process of administering theestateof a deceased person by resolving all claims and distributing the deceased person s property under the valid will.
5.xecutor （遗嘱执行人）： Executor （ female form： sing. = executrix， pl. = executrices） s a legal term referring to a person named by a maker of a will， or nominated by the estator， to carry out the directions of the will.
6. ommunity property （夫妻共有财产）： Community property is a marital property regime hat originated in civil law jurisdictions and is now also found in some common law urisdictions.
7. ife estate （终身财产）： A life estate is a concept used in common law and statutory law o designate theownership of land for thedurationof a person s life. In legal terms itis an estate in real property that ends at death. The owner of a life estate is called a“life tenant”.
8. estamentary capacity （遗嘱能力）： In the common law tradition， testamentary capacity s the legal term of art used to describe a person s legal and mental ability to make a valid will. This concept has also been called sound mind and memory or disposing mind and memory.
I Reading comprehension.
1.hat is a will or testament？
2. Why must the testator s signature be placed at the end of the will？
3. What will happen if the will is ruled invalid in probate proceeding？
4. Is it necessary that a will be drawn up by a lawyer in the law？
5. Can you name several methods that can revoke a will？ What are they？
6. What does DRR stand for？
7. In the United States， how do probate statutes grant the rights of the surviving spouse？
8. Who has the final word on selecting guardians for minor children？
II Match the following words with the corresponding definitions.
1. creditor （ ） 2. decedent （ ） 3. legatee （ ） 4. domicile （ ）
5. maltreat （ ）6. legacy （ ）7. securities （ ） 8. expiration （ ）
9. debtor （ ） 10. assets （ ）
A.law） a gift of personal property by will
B. a coming to an end of a contract period
C. someone to whom a legacy is bequeathed
D. anything of material value or usefulness that is owned by a person or company
E. someone who is no longer alive
F. an official piece of writing， esp. a BOND or piece of STOCK， giving the owner the right to certain property
G. a person to whom money is owed by a debtor； someone to whom an obligation exists
