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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 classic literature ?
Spenlow, 'having experience of what we see, in the Commons here, every day, of the various unaccountable and negligent proceedings of men, in respect of their testamentary arrangements - of all subjects, the one on which perhaps the strangest revelations of human inconsistency are to be met with - but that mine are made?
He had never so much as thought of making one, so far as his papers afforded any evidence; for there was no kind of hint, sketch, or memorandum, of any testamentary intention whatever.
In Simpson, the decedent exercised a testamentary GPA granted under a marital trust created in 1966; thus, the property passed to her grandchildren (who were skip persons as defined in Sec.
Nikko will handle testamentary trusts and inherited property management for its customers on behalf of the trust bank.
The agreement must be entered into for bona fide business reasons--not as a testamentary substitute designed to pass assets to beneficiaries at less than full and adequate consideration.
ISSUE: Time and again, nurses are called upon to testify as to the testamentary capacity of patients.
While noblewomen were more likely to make charitable bequests, in other respects their testamentary behavior resembled men's.
He had claimed that his mother, of Three Crosses, Swansea, was so ill that she lacked the testamentary capacity to make a valid will and accused his brother, who lives at Uplands, Swansea, of bringing 'undue influence' to bear on her.
Testamentary capacity (the capacity to make a will) is the standard of capacity that is litigated most frequently.
This textbook for law students outlines wills, trusts, and estates, focusing on intestacy; testamentary capacity; wills execution, revocation, and scope; substitutes, construing wills and trusts; limitations on testamentary power; creation, life, and termination of trusts; powers of appointment; the rule against perpetuities; charitable trusts; trust administration and duties; and estate and gift taxes.
led by Herbert Weissberg, $400,000; and the Vera Ross Gibson Testamentary Trust; $200,000.