Testamencie

Testamencie is a legal instrument by which a person, the testator, disposes of their property after death. The term, rooted in Latin testamentum meaning will or covenant, is used in many legal systems to refer to a formal will or testamentary disposition. A testamencie may also appoint guardians for minor dependents and designate an executor to administer the estate.

Requirements and formalities vary by jurisdiction but commonly include testamentary capacity (the testator is an adult of sound mind), the act being made voluntarily, and compliance with statutory formality. Most systems require a written document that is signed by the testator and witnessed, and some jurisdictions impose notarial or probate formalities. Not all traditions recognize every form; some permit holographic wills (handwritten and unsigned by witnesses) or oral wills in limited circumstances.

Contents typically include: how the estate is to be distributed among beneficiaries, appointment of an executor or administrator, provisions for guardianship of minors, and may address funeral preferences or the creation of trusts to manage assets after death.

Revocation and amendment are possible. A later will generally supersedes an earlier one, and many systems allow amendments through codicils or the destruction of the prior will. If a person dies without a valid testamencie, intestacy rules determine the distribution of assets.

Administration follows probate, during which the court validates the will, the executor collects assets, pays debts and taxes, and distributes bequests to beneficiaries according to the document.

See also: will, testament, probate, intestacy.