What are the key elements of a will?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A will is a legal document that outlines an individual's wishes regarding the distribution of their assets and the handling of their affairs after their death. One key element of a will is the declaration of the testator's voluntary disposition, which emphasizes the individual's autonomous decision to allocate their property according to their intentions. This is crucial since a will must reflect the free and deliberate choices of the testator, ensuring that their desires are honored upon their passing.

In contrast to this correct element, a testament signed by witnesses can be an essential requirement for validating a will but does not encapsulate the essence of what a will fundamentally represents. A set of oral instructions lacks the permanence and legal standing necessary to constitute a will, as oral declarations are generally not recognized in law without proper documentation. Lastly, while notarization may enhance the legitimacy of a will in some contexts, it is not universally required for a will to be considered valid. Thus, it is the declaration of the testator's voluntary decisions that forms the core of what a will is intended to be.

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