testamentario

Testamentario is an adjective in Spanish that denotes relation to a will or testament. It can describe acts, documents, or persons connected with the disposition of an estate after death. The English equivalent is testamentary. The term derives from Latin testamentarius, from testamentum, meaning related to a will or to a testament of property.

In civil-law jurisdictions, the administration of a deceased person’s estate is organized under the testamentary regime. This includes opening the will, validating it, taking an inventory of assets, paying debts, and distributing property according to the testamentary dispositions. The person designated in the will to handle the estate is called an albacea testamentario (executor). If there is no will, the estate undergoes la sucesión intestada, governed by statutory rules. Bequests are called legados, and the recipients are legatarios.

In English-language legal usage, testamentary describes instruments and arrangements that take effect upon death, such as testamentary trusts or testamentary gifts, which distinguish them from arrangements made during a person’s lifetime. The term thus serves to differentiate assets and powers created by a will from those created inter vivos or by other means.