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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - Negative Will
If we desire respect for the law, we must first make the law respectable.
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Definition of Negative Will
A negative will is a type of will where the person making the will (testator) tries to disinherit someone by directly stating their desire to do so. For example, the testator might write "I disinherit X" in their will. However, this method of disinheritance is usually not effective.
For instance, if a testator writes in their will "I disinherit my son John," it may not be legally binding because the law generally favors a person's right to inherit from their parents. Therefore, a negative will may not be enough to prevent someone from inheriting.
Another example of a negative will is if a testator writes "I leave nothing to my daughter Mary." This statement alone may not be enough to disinherit Mary because the law may still recognize her as an heir and entitle her to a share of the estate.
It is better to risk saving a guilty man than to condemn an innocent one.
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Simple Definition
A negative will is when someone tries to prevent a person from inheriting their things by saying it directly in their will, like "I don't want X to get anything." However, this usually doesn't work and the person may still be able to inherit.
The difference between ordinary and extraordinary is practice.
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