Pactum De Singularis Caelum

Covenant of One Heaven

section iconPrinciples

Article 36 - Will and Testament

36.1
Will and Testament (link)

A properly formed Will and Testament is a formal oral and/or written testimony and trust agreement creating a present and/or future trust, whereby a competent man or woman through their person expresses their true intention and volition regarding the inventory of their accumulative rights, estates, funds, assets and property; the disposition of such rights, estates, funds and property; and the disposal or use and management of such rights, estates, funds, assets and property upon the physical death of the man or woman.

A proper Will and Testament is the embodiment of the universal right of all competent men and women to express their Free Will and Choice by nominating how they intent their rights, estates, funds, assets and property to be managed in the event of ill health, or disablement and eventual death; and the right for others so nominated as beneficiaries, to enjoy the inheritance of such rights, estates, funds and property bequeathed to them.

36.2
The term Will and Testament (link)

In reference to the name “Will and Testament”:

(i) Testament refers to the ancient Latin term testamentum, meaning an auricular (spoken) testimony or written memorial as to the true intention and volition of a man or woman or person as Testator, specifically concerning the disposal or management of their rights, estates, funds, assets and property upon their physical death. Therefore, a Testament is necessary in order to form a Testamentary Trust that comes into effect only after the death of the Testator; and

(ii) Will refers to the written declaration and trust agreement of a person as Trustor as to their intentions and volition in relation to certain Rights, Powers, Authority and Property of a Trust (that may or not just be a Testamentary Trust). Therefore, a Will may make provisions for certain action and obligations prior to physical death, such as issues of illness, or palliative care and powers of attorney rights. Hence the concept of a “Living Will”; and

(iii) All claims that Will refers only to “Real Property” and Testament to “Personal Property” is an absurdity and gross falsity; and

(iv) All claims that a Will and Testament may only has effect upon the physical death or the man or woman or person is a gross error and falsity, unless such an instrument fails to define such conditions normally associated with a "Living Will".

36.3
Requirements of a valid Will and Testament (link)

In relation to the requirements of a valid Will:

(i) There exist certain customary rules and traditions concerning the formation of valid and legitimate Wills and Testaments. These are defined as the Customary Elements of a valid Will and Testament; and

(ii) As a Will and Testament always pertains in part to certain trusts, or estates, or funds, or assets or property registered within one or more jurisdictions, what constitutes a valid and legitimate Will and Testament must always be determined to some degree by the various laws of each jurisdiction; and

(iii) If a Will is to have certain conditions effective during the life of the Trustor and Testator, then the Will and Testament instrument must make such specific conditions, particularly in relation to any powers of attorney or conditions to be followed in the event of disability, palliative care and other impairment or Inter Vivos Trust; and

(iv) Generally, if a Will and Testament invokes on or more immoral, repugnant or illegal acts to the relevant jurisdiction, then the entirety of the instrument is in jeopardy unless the instrument enables the clear severability of such clauses; and

(v) The absence of a right, or thing expressed within the Will and Testament therefore favours the jurisdiction where the Will and Testament is to be validated; and

(vi) A Will and Testament that make claim of certain rights, or trusts, or estates, or funds, or assets, or property not legitimately in its possession, or morally and lawfully the possession of another, causes the entirety of the Will and Testament to be null and void as if it never existed; and

(vii) A Will and Testament that makes scandalous claims for certain rights, or trusts, or estates, or funds, or assets, or property that the man or woman or person are not entitled, causes the entirety of the Will and Testament to be null and void as if it never existed.

36.4
Valid Will and Testament cannot be Deed (link)

A Deed is an instrument of surrender and abdication of one or more Rights in conveyance. It possesses neither legitimate customary heritage, nor valid provenance and is a fraud perpetrated in the name of fraudulent law. The correct form of Will and Testament is as a covenant and not a deed.

The false form called deed was introduced to replace valid and legitimate forms of covenants of conveyance so that people would surrender their rights to the state, in exchange for limited privileges under license.

Any law, edict, statute, ordinance or regulation that stipulates a Will and Testament must confirm to the form of a deed is therefore morally repugnant, profane, sacrilegious, fraudulent and reprobate, having no force or effect ecclesiastically, morally or lawfully.

36.5
Customary Elements of a valid Will and Testament (link)

The following are the seventeen (17) standard elements traditionally included within a valid Will and Testament in accord to the norms of Civilized Society under Rule of Law, Justice and Due Process being Aetatem Validam, Verba Mea, Vocem Meam, Animus Testandi, Compos Mentis, Incipit, Quod Vocatur, Recitatio, Iura Habeam, Titulum Habeam, Executorem Meum, Funeris Meum, Memoriam Meum, Regulis Bona, Operibus Bonis, Decretio and Testificatio:

(i) Aetatem Validam ("the right/legitimate age") means the one making the Will and Testament known as the "Testator" formally acknowledges they are of the minimum age accepted for the completion and pronouncement of such an important instrument; and

(ii) Verba Mea ("in my own words") means the Testator formally acknowledges the Will is a true representation of their intention, free from threat, intimitation, duress or promise; and

(iii) Vocem Meam ("my (own) voice") means the Testator formally acknowledges the Testament is literally "their own voice" and a true representation of their intention and is spoken free from threat, intimitation, duress or promise; and

(iv) Animus Testandi ("the intention to testify") means the Testator formally acknowledges that he/she fully intends the instrument and/or any vocalization to be known as their valid Will and Testament and is capable of demonstrating such competent intention; and

(v) Compos Mentis ("of sound mind") means the Testator formally acknowledges he/she is of sound mind, capable of reason and moral judgment and therefore capable of not only making decisions but capable of perceiving the consequences of such decisions or actions; and

(vi) Incipit ("it begins") means the opening prayer and petition of a sacred instrument between heaven and earth and by tradition the first words of any sacred covenant or deed from the 8th Century CE; and

(vii) Quod Vocatur ("that which is called/named") means the name of the instrument (e.g. Voluntatem Et Testamentum as the prescribed form of a valid Will and Testament under One Heaven); and

(viii) Recitatio (“recitation, reading, pronouncement”) means the statements and terms of the Will and Testament; and

(ix) Iura Habeam ("I have Rights") means the Testator expresses and asserts their Rights, Powers and Authority, particularly to possess, own and hold certain title, property and uses; and

(x) Titulum Habeam ("I have title") means the Testator expresses and asserts the description of records, certificates, registers or ledgers one or more titles of possession, ownership and use in accord with the Rights, Powers and Authority previously expressed; and

(xi) Executorem Meum ("my (general) executor") means the Testator nominates at least one executor to be granted the power and authority by the testator to administer their various estates (living and/or deceased) upon some significant event that causes the executor to be appointed (such as physical death or formal investiture in the case of living estates); and

(xii) Funeris Meum ("my funeral") means the Testator nominates the essential arrangements of their own funeral service; and

(xiii) Memoriam Meum ("my memorial") means the Testator nominates how he or she wishes his memory to be honored in monument and epitaph; and

(xiv) Regulis Bona ("good rules (of estate)") means the Testator expresses the specific rules of proper administration of the Estate; and

(xv) Operibus Bonis ("good works (of estate)") means the Testator names one or more Beneficiaries who are granted the Rights to use certain property of the estate as a sign of charitable and good works; and

(xvi) Decretio (“decree, decision, judgment, resolution, principle”) means a formal statement at the end of the Will and Testament by the Testator that the instrument had been handed (delivered) to become public notice also known as “patenting”. Thus the phrase “IN WITNESS WHEREOF, We have hereunto set Our hand and seal, and caused these, Our Letters, to be made Patent” with patent meaning public notice; and

(xvii) Testificatio (“attestation, proof”) means a formal attestation at the very end of the Will and Testament which may also include separate written attestation by two or more witnesses that it is the wishes and intentions of the Testator reflected in the Will and Testament through the Latin phrase (by tradition since the 8th Century) beginning with “Teste me ipso apud” <> then date in Latin meaning “Witness myself at the place <> date”.

36.6
Voluntatem et Testamentum (link)

All men and women who have acknowledged in good faith, good character and good conscience their True Trust in the Office of Man or Office of Woman have the Absolute Natural Right known as Ius Naturale Testamentum to make, ordain, publish and pronounce their Will and Testament. Any rule, law or edict that seeks to deny, obstruct, weaken or obfuscate such right is automatically null and void from the beginning and cannot be law.

The present covenant recognizes the prescribed form known as the Voluntatem Et Testamentum as the specific form by which a member of One Heaven holding either the Office of Man or Office of Woman perfects their Will and Testament in accord with the present sacred Covenant and the Rights and Obligations prescribed herein.

The Will and Testament through the form of Voluntatem Et Testamentum is to the personality (person) of a Superior Estate, the physical mind and the will of the person and the will of all legal persons derived from the existence of the man or woman. It is both a sacred prayer and sacred scripture to be respected and honored by all persons who claim an office by sacred oath or vow. It is also a sacred Covenant and bond between a man or woman in whose name the Will and Testament exists and the Divine Creator. It is an unbreakable covenant by the man or woman who is the grantor or testator.

When such a Will and Testament bears witness to the Covenant of One Heaven and the Canons of Law of One Heaven through the form of Voluntatem Et Testamentum, then: It is the most solemn, most sacred covenant in history; and It is an unbreakable bond between heaven and earth and no power, no force, no spirit, no corporation, no person or entity can break that bond; and no power exists in heaven that can break such a sacred bond. One gives existence and credence to the other. Such a valid Will and Testament and the present Covenant of One Heaven are two parts, the lock and key, that when united cannot be broken.

However, where a man or woman claiming either the Office of Man or Office of Woman deliberately and willingly repudiates some or all of the present sacred Covenant; or asserts one or more Prohibited Rights for their own advantage then any such associated Will and Testament and associated estate and trust documents, whether or not such prescribed form as Voluntatem et Testamentum are used, therefore has no basis of covenant, or bond with One Heaven or the present sacred Covenant.