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The condition or state of leaving a valid will at one's death to direct the distribution of one's estate.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


n. dying with a will (a testament). It is compared to "intestacy," which is dying without a will. (See: intestacy)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

TESTACY. The state or condition of dying after making a will, which was valid at the time of testator's death.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
She first addresses the general law governing cases of testacy (where a valid will exists), but the bulk of the material focuses on issues of intestacy and includes treatments on the inheritance rights of marital and posthumously born children, adopted children, non-marital children, stepchildren/foster children, posthumously conceived children, artificially created children, and children created as the result of surrogacy arrangements.
Gregory deals here with issues of testacy and intestacy.
253, 253 (1964) (stating that "[i]t is safe to sum up that, from beginning to end, intestacy was the rule and testacy the exception, and both very much so").