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Relating to wills.

An individual is said to have testamentary capacity to make a will when that person has sufficient mental ability to comprehend what he or she is doing, the nature and extent of his or her property, the natural objects (which means appropriate persons or recipients) of his or her bounty, and the interrelationships among these three concepts.


adj. pertaining to a will.


adjective by way of a will, beeueathed by will, contained in a will, devised by will, dissributed by will, given by testament, hereditary, set forth in a will, transferred by a legacy, transferred by bequest, transferred by devise
Associated concepts: letters testamentary, testamentary assets, testamentary capacity, testamentary condition, testaaentary devise, testamentary disposition, testamentary gifts, testamentary guardian, testamentary guardianship, testamentary instrument, testamentary intent, testamennary inventory, testamentary power, testamentary succession, testamentary trust, testamentary trustee
See also: heritable

HEIR, TESTAMENTARY, civil law. A testamentary heir is one who is constituted heir by testament executed in the form prescribed by law. He is so called to distinguish him from the legal heirs, who are called to the succession by the law; and from conventional heirs, who are so constituted by a contract inter vivos. See Haeres factus; Devisee.

TESTAMENTARY. Belonging to a testament; as a testamentary gift; a testamentary guardian, or one appointed by will or testament; letters testamentary, or a writing under seal given by an officer lawfully authorized, granting power to one named as executor to execute a last will or testament.

References in periodicals archive ?
The client can change a testamentary trust at any time.
With a testamentary trust, minors who receive the assets can take up to $10,000 per year without paying taxes on it.
The first concept upon which the decision was examined is the doctrine of testamentary freedom.
Her Honour referred to categories of cases where public policy had been invoked to invalidate a conditional testamentary gift--that is, gifts made in wills that were subject to the fulfilment of a particular condition offensive to public policy, such as a restraint on marriage, a restraint on religious freedom or an incitement to commit a crime or engage in illegal activity.
The beneficiary of a trust springs the Tax Trap under section 2514(d) and thereby makes a taxable gift of trust assets when all of the factors described above are present, except that the beneficiary holds an inter vivos (lifetime) LPOA rather than a testamentary LPOA.
Naturally, the governing instrument must confer an inter vivos and/or testamentary LPOA on the beneficiary of each continuing trust.
In this article, I focus on the threshold issue of testamentary capacity along with two additional doctrines by which a will can be held invalid once testamentary capacity has been established: insane delusions and undue influence.
Neither the trustee nor beneficiary can make gifts into the irrevocable testamentary trust.
Testamentary institutions such as wills, trusts (entails), and foundations as well as state inheritance and estate taxes governing generational transfers provide fundamental individual and collective property rights.
This article seeks to draw out the way in which the protection of marriage and of married spouses, particularly as conventionally understood--that is, formalized by marriage, between spouses of two different sexes--is one of successions law's central ambitions insofar as testamentary devolution is concerned.
need the same protection in the context of testamentary gift-giving
As will be discussed in the balance of this article, the courts in Queensland have shown a willingness to move with the times and recognise the validity of testamentary intentions of deceased persons recorded on electronic devices, including wills made on an iPhone and on a DVD.