will

will, in law

will, in law, document expressing the wishes of a person (known as a testator) concerning the disposition of her property after her death. If a person dies intestate, i.e., without a valid will, statutes determine how her property is divided up among her relatives; if no relatives can be found, the property escheats (i.e., goes to the government). Wills are made to vary the statutory scheme (e.g., to give a crippled child more money than a healthy child). The will may provide for outright grants or for the establishment of trusts. No particular form of words is necessary in a will, only a clear expression of intent. Statutes usually protect the surviving spouse and children, prescribing for them a set proportion of the estate whatever the provisions of the will. Wills ordinarily must be in writing, but in certain strictly defined circumstances (e.g., in the case of soldiers or sailors in combat) the law may recognize an oral will as reported by a witness. Written wills must be subscribed (i.e., signed below the complete text) by the testator and must bear the signatures of two (or, in some jurisdictions, three) people who witnessed the testator's signature. A person has capacity to make a will only when he is of sound mind and is not unduly influenced by an interested party. Persons below a certain age (usually ranging from 18 to 21) are deemed not to have the capacity. All objections to a will must be made at the probate, which precedes the distribution (administration) of the property. Real and personal property were once passed on by two different systems, but today only remnants of the division remain (e.g., in separate sets of terms). In England the Statute of Wills (1540) lifted many restrictions on the use of wills and permitted the testator to dispose of real property by will. See heir.

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will, in philosophy and psychology

will, in philosophy and psychology, term used to describe that which is alleged to stimulate the motivation of purposeful activity. It is characteristic of the will that it can be observed only in oneself and can be attributed to others only by inference from their behavior. There is no generally accepted explanation in psychology for the apparent freedom people enjoy to do what they will, i.e., to originate the stimuli necessary to initiate a course of action. Until recently the psychological discussions of the will have been closely related to the philosophical. Disagreements have been extreme. One approach has been the doctrine of determinism, which denies the reality of the will. Another type simply accepts the will—the motive power of the personality—as the faculty or function of the person. This idea is generally based on intuitive grounds and is associated with Plato, Aristotle, Lucretius, St. Thomas Aquinas, René Descartes, and Immanuel Kant. Others have considered it the externalized result of the interaction of conflicting elements. These include Baruch Spinoza, G. W. von Leibniz, David Hume, J. G. Herbart, Wilhelm Wundt, Herbert Spencer, and Hugo Münsterberg. Still others have considered the will to be the manifestation of the personality striving to accomplish its purposes. Among these are St. Augustine, Duns Scotus, Thomas Hobbes, Arthur Schopenhauer, Friedrich Nietzsche, William McDougall, and John Dewey. Modern psychology has tended to consider the concept of the will as an unscientific principle. The problems involved in dealing with it are largely absorbed in other areas of investigation, such as the psychology of adjustment, the study of unconscious motivation, the concept of attention, and the influence of endocrine balance.

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will

In law, a formal declaration, usually in the form of an executed document, of a person's wishes regarding the disposal of his or her property after death. It is valid if it meets the formalities of the law, which usually requires that it be witnessed. It may be considered invalid if, among other instances, the testator was mentally incapable of disposing of his or her property, if it imposes unreasonable or cruel demands as a condition of inheritance, or if the testator did not have clear title to the bequeathed assets. Any party who contests a will must bring the claim within a time specified by statute and must bear the burden of proof in demonstrating that the will is faulty. See also probate.