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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.

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


adj. pertaining to a will.

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

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
These changes could include the testamentary aspects relating to bank accounts, brokerage accounts, life insurance policies, retirement accounts, and pension plans, as well as nontestamentary documents, such as powers of attorney, healthcare surrogate designations, etc.
Proof that the beneficiary openly and freely shared details of illnesses with family members would support the validity of the testamentary plan.
While the basis of the structuring analogies between comedy and testamentary will here seem less than self-evident and at times slippery (is stubbornness necessarily testamentary in its wilfulness?), and the references to recent productions somewhat descriptive and predictable, the idea of 'playful tension' between law and love, verticality and horizontality, finds congenial ground in these comedies (101).
The client can change a testamentary trust at any time.
The first concept upon which the decision was examined is the doctrine of testamentary freedom.
(9) But because trust forfeiture clauses purport to disinherit beneficiaries who challenge trustee decision making, they differ significantly from their testamentary counterparts and thus deserve serious scrutiny in their own right.
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.
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.
Each jurisdiction is characterized by different configurations of inheritance laws regarding testamentary freedom, property entailing, and inheritance tax.
Although the dominant discourse in wills is one of testamentary freedom and the primacy of the testator's unilateral juridical act, no comparable pretense exists in family law.
Despite the tradition and ubiquity of the testamentary incapacity