testamentary

Testamentary refers to matters related to a will or testament, and to dispositions of property that take effect after a person’s death. The term derives from the Latin testamentum, meaning will, and is used in both common law and civil law systems to describe acts connected with the execution of a deceased person’s last will.

In law, a testamentary instrument operates on death, as opposed to inter vivos arrangements created during a person’s lifetime. A testamentary disposition can appoint heirs, specify gifts, designate guardians, or create testamentary trusts. Testamentary capacity refers to the testator’s sufficient understanding of the nature and consequences of their dispositions and to their freedom from undue influence. Formal requirements for a valid will—such as writing, signature, and witnesses—vary by jurisdiction but are designed to prevent fraud and ensure intent. Some systems also recognize nuncupial or holographic wills under limited circumstances.

A testamentary trust is a trust created by a will that comes into existence upon death. A trustee holds and manages assets for beneficiaries according to the terms of the will, often to provide for minors, manage spendthrift concerns, or defer distributions. The execution and probate process administer the estate; an executor or personal representative is appointed to gather assets, pay debts, and distribute property as directed by the will.

Testamentary arrangements are distinct from lifetime or inter vivos trusts, which take effect during the settlor’s lifetime. Because they depend on death, testamentary dispositions must survive typical challenges such as revocation, changes in law, or updated wills through codicils or new instruments.