Testamentary Will

Testamentary Will
A testamentary will is a traditional will, sometimes referred to as just a will. A will is a legal document that is used to transfer an estate to beneficiaries after the death of the testator (the person that makes the will). Testamentary wills are also used to appoint guardians for minor children, select executors of wills and set up trusts for beneficiaries. Any person over the age of majority and that is of sound mind can legally draft a will.

Every will must contain the following: a) Clear indication that the testator is the maker of the will b) A statement by the testator that he or she revokes any previous wills or codicils c) A statement by the testator that demonstrates that he or she is of sound and mind and is not under duress to dispose the property, and d) a signature that is at the end of the will. Any words that come after the end of the signature will be ignored by the court.


Investment dictionary. . 2012.

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  • testamentary — I adjective by way of a will, bequeathed by will, contained in a will, devised by will, distributed by will, given by testament, hereditary, patrimonial, set forth in a will, transferred by a legacy, transferred by bequest, transferred by devise… …   Law dictionary

  • testamentary capacity — n: the capacity in executing a will to understand the nature and extent of one s property and how one is disposing of it and to recognize the natural objects of one s bounty Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. testamentary …   Law dictionary

  • testamentary trust — see trust Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. testamentary trust …   Law dictionary

  • will — 1 n 1: the desire, inclination, or choice of a person or group 2: the faculty of wishing, choosing, desiring, or intending 3: a legal declaration of a person s wishes regarding the disposal of his or her property after death; esp: a formally… …   Law dictionary

  • testamentary disposition — index bequest, conveyance, demise (conveyance) Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • Testamentary — Tes ta*men ta*ry, a. [L. testamentarius: cf. F. testamentaire.] 1. Of or pertaining to a will, or testament; as, letters testamentary. [1913 Webster] 2. Bequeathed by will; given by testament. [1913 Webster] How many testamentary charities have… …   The Collaborative International Dictionary of English

  • testamentary intent — n. A testator’s true intention in writing a will or naming a recipient of property. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. testamentary intent …   Law dictionary

  • testamentary — ► ADJECTIVE ▪ of, in, or through a will …   English terms dictionary

  • testamentary — Pertaining to a will or testament; as testamentary causes. Derived from, founded on, or appointed by a testament or will; as a testamentary guardian, letters testamentary, etc. A paper, instrument, document, gift, appointment, etc., is said to be …   Black's law dictionary

  • Testamentary capacity — Wills, trusts and estates …   Wikipedia

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