What is a Will?

A will is a legal document that becomes operative at the time of the testator's death. It is of an ambulatory character, meaning it can be modified by the testator at any time prior to their death, and no person can have any rights in it until the testator is dead. The will is used to name one or more persons to manage the estate after the testator's death and to designate persons to receive from their estate after their death.

The provisions of a will can include the disposition of real and personal property, often referred to as a bequest, a devise, or a gift. The will must be signed by the testator in the presence of at least two witnesses, who attest to the testator's competency to sign the will. In Nebraska, any individual generally competent to be a witness may act as a witness to a will, and a will or any provision thereof is not invalid because the will is signed by an interested witness.

The cardinal rule in construing a will is to ascertain and effectuate the testator's intent if such intent is not contrary to the law. To determine the testator's intent, a court must examine the will in its entirety, consider and liberally interpret every provision in the will, employ the generally accepted literal and grammatical meanings of words used in the will, and assume that the testator understood the words used in the will.

In summary, a will is a legal document that outlines the testator's wishes regarding the distribution of their estate upon their death. It is subject to the testator's ability to modify it at any time before their death, and its provisions only become operative upon the testator's death. The interpretation of a will is centered on the testator's intent as expressed in the will