Also known as:testaments · testamentary · testamentum · testate · testacy · testation · testator · testators · testatrix · testatrices · testatus · will · last will
Written by attorneys · grounded in primary & secondary sources — see below
A legal instrument directing the disposition of a person's personal property upon death. It is often used interchangeably with the broader term will.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Will Probated During Presidential Term
Thomas Thompson executed a testament leaving his personal art collection to his niece. After his death the probate court confirmed the document's validity and the niece received the collection without challenge from other heirs.
Testament Supports Factual Allegations
Tyler Taylor offered his late uncle's testament as evidence that certain personal property had been promised to him. The court examined the document and found it satisfied the requirement that factual statements have evidentiary support. The property passed to Tyler under the testament's terms.
Tabitha Taylor retained a handwriting expert whose specialized knowledge helped the trier of fact determine whether the signature on Tobias Thomas's testament was authentic. The expert's opinion clarified the document's validity and resolved the inheritance dispute over personal property.
Reckless Conduct Regarding Testament
Taliah Tang consciously disregarded a substantial risk that her brother would destroy their father's testament. Her conduct constituted a gross deviation from the standard a law-abiding person would observe. The court imposed liability for the resulting loss of the intended inheritance of personal property.
Ex Parte Communication About Testament
Tracy Torres's attorney contacted the probate judge privately about scheduling a hearing on her mother's testament. The judge reasonably believed no party would gain an advantage from the communication and promptly notified the other heirs. The hearing on the personal-property disposition proceeded without objection.
Client Objectives in Testament Dispute
Triumph Manufacturing's general counsel consulted the board about objectives in challenging a former executive's testament that left company shares to a competitor. The lawyer followed the client's decision on settlement and pursued the litigation strategy the board selected concerning the personal property.
Common questions
Frequently Asked
2
What is the difference between a testament and a will?+
A testament traditionally disposes of personal property while a will may dispose of both real and personal property. Modern usage treats the two terms as largely synonymous.
Supporting sources
Can a testament be used to transfer real property?+
Traditionally a testament covered only personal property. A separate devise was required for real property. Contemporary practice allows a single will to cover both types of assets.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State to be sealed and recorded, it is irrevocable; the appointment is complete. A mandamus is the proper remedy to…
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