Testamentary Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Testamentary, written in plain English, along with examples of how it is used.

What is Testamentary?

something in concerned or pertaining to the will

History and Meaning of Testamentary

Testamentary is an adjective that relates to or concerns a person's will. The term "testament" comes from the Latin word "testari," meaning "to be a witness." Testamentary is a legal expression that is used to describe anything that is associated with the making or proving of a will. Matters that are testamentary in nature would include the drafting, execution or administration of a will, or any property that is transferred after death by way of a will.

Examples of Testamentary

  1. When an individual writes a will or modifies an existing one, they are engaged in a testamentary activity.
  2. The individual that is named in the will to execute a person's last wishes is known as the testamentary executor.
  3. A challenge to a will's validity or the claims made in a will is an example of contesting a testamentary instrument.
  4. The assets of a recently deceased person that are transferred according to the stipulations in their will are called testamentary assets.

Legal Terms Similar to Testamentary

  1. "Intestate" - Describes the legal status of a person who dies without having made a will.
  2. "Bequest" - A gift made in a will, often of personal property or money.
  3. "Probate" - The legal process by which a deceased person's will is validated and assets are distributed.
  4. "Codicil" - An amendment or addition made to an existing will.
  5. "Estate" - All the assets that a person owns or has an interest in at the time of their death.