Latin Legal Terms

Elogium

Elogium – this Latin noun literally means “short saying” or “statement”. In the legal practice it refers to a personal will. Under the provisions of the Inheritance Law in many jurisdictions, the will is a document, signed by the ancestor, in which he/she givens instructions about the distribution of their assets after their death. The will usually entitles a person to point another beneficiary instead of the legal heirs pointed by the Law. Some legal systems allow a testator to manage distribution of all of their assets, and other invalidates instructions made about the legally recognized shares of the heirs. Some legal systems also do not recognize obligations towards the beneficiaries of will, or managing non-material relations.

The form of the will is either simple written form (personal wills), or an act certified by a notary public (notarized wills). The last are kept in the archive of the notary public and eventually, registered in national list of notarized wills.

Wills can be withdrawn or substituted with other wills by the same testator, made later (usually where the testator has changed their mind about the chosen beneficiaries of estate). In such situations only the latest signed will takes effect.

Usually a will may be invalidated if it affects the shares granted by the Law (depending of the jurisdiction) or where made not in the recognized form by the Law, or where prepared via fraud or in situation of mental incapability/incompetency.

Wills may be executed either by the beneficiaries, or by specifically chosen individuals.

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