Testament

Definition

A testament is a legal document by which a person, the testator, expresses their wishes as to how their personal property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution. In contemporary usage, the terms ‘will,’ ’testament,’ and ’last will and testament’ are synonymous, though historically, a will dealt with real property while a testament was concerned with personal property.

Examples

Ewen’s Testament: Ewen wrote a testament that directed her property should be given to her cousin after her death.
Digital Assets in a Will: John included directions for the distribution of his online accounts and digital assets in his last will and testament.
Charitable Bequests: In her will, Mary bequeathed a portion of her estate to several charitable organizations.

Frequently Asked Questions (FAQs)

What happens if someone dies without a testament?

If an individual dies without a testament, it is called dying intestate. The distribution of their estate will then be handled according to the intestacy laws of the state where they resided.

Who can make a testament?

Any individual who is at least 18 years old and of sound mind can make a testament.

Can a testament be challenged?

Yes, a testament can be contested on several grounds, such as undue influence, lack of capacity, or failure to meet legal requirements.

Is a testament valid if not notarized?

While requirements vary by jurisdiction, most places require that a testament is signed by the testator and witnessed by at least two individuals who are not beneficiaries of the will; it does not necessarily need to be notarized to be valid.

Can a testament be changed once it is written?

Yes, a testament can be changed or revoked at any time by the testator, as long as they have the legal capacity to do so.

Executor: The individual named in a will or testament who is responsible for ensuring that the deceased’s wishes are followed.
Probate: The judicial process by which a testament is validated and the estate is administered.
Testator: The person who has written and executed a testament.
Intestate: Dying without leaving a legal will or testament.
Codicil: A document that acts as a supplement to a will or testament, making amendments or changes without the need for rewriting the entire document.

Online Resources

References

American Bar Association. “Wills, Trusts, and Estates.” ABA Publishing.
Dukeminier, Jesse. “Wills, Trusts, and Estates.” Wolters Kluwer Law & Business.

Suggested Books for Further Study

“AARP Checklist for My Family: A Guide to My History, Financial Plans, and Final Wishes” by Sally Balch Hurme
“Nolo’s Essential Guide to Wills” by Denis Clifford
“The American Bar Association Guide to Wills & Estates” by The American Bar Association

Real Estate Basics: Testament Fundamentals Quiz

### Can a testament be changed or revoked by the testator? - [x] Yes, at any time as long as the testator has legal capacity. - [ ] No, it becomes irrevocable once written. - [ ] Only within seven days of writing it. - [ ] Only once with court approval. > **Explanation:** A testament can be changed or revoked at any time by the testator as long as they have the legal capacity to do so. ### What is the term for someone who dies without a legal testament? - [ ] Executor - [ ] Testatrix - [x] Intestate - [ ] Beneficiary > **Explanation:** Dying without leaving a legal testament is referred to as dying intestate. ### Who is appointed to manage the estate as per the testament? - [ ] Beneficiary - [x] Executor - [ ] Arbitrator - [ ] Judge > **Explanation:** An executor is named in a will or testament to manage the estate until its final distribution. ### Which document acts as a supplement to a will, making changes without rewriting the entire document? - [ ] Affidavit - [x] Codicil - [ ] Deed - [ ] Trust > **Explanation:** A codicil is a document that acts as a supplement to a will, making amendments or changes. ### Can a testament be valid without being notarized? - [x] Yes, if it complies with other legal requirements. - [ ] No, it must always be notarized. - [ ] Only in certain states. - [ ] No, there is no such thing as a notarized testament. > **Explanation:** While notarization is not universally required, a testament must be signed by the testator and witnessed according to local laws. ### If a testament is contested, which of the following is NOT a potential ground for the contest? - [ ] Undue influence - [ ] Lack of capacity - [ ] Failure to meet legal requirements - [x] Not following beneficiaries' desires exactly > **Explanation:** Testaments can be contested on grounds such as undue influence, lack of capacity, or failure to meet legal requirements, but not simply for not following beneficiaries' exact desires. ### Who must witness the signing of a testament to validate it in most jurisdictions? - [ ] The notary public for the state. - [ ] Any family member. - [x] At least two individuals not benefiting from the will. - [ ] Only legal professionals. > **Explanation:** It must usually be witnessed by at least two individuals, who typically must not be beneficiaries of the will. ### Which term is used to describe a legal document that refers to someone’s wishes posthumously for personal property? - [x] Testament - [ ] Deed - [ ] Affidavit - [ ] Lease Agreement > **Explanation:** A testament is a legal document expressing someone’s wishes concerning the distribution of their personal property after death. ### What is the primary function of probate court? - [ ] Acting as an intermediary for property sales - [ ] Helping in notarization of documents - [x] Validating the testament and administering the estate - [ ] Reviewing all financial transactions posthumously > **Explanation:** The probate court oversees the process of validating a testament and administering the estate. ### What term refers to the individual whose estate is distributed upon their death? - [x] Testator - [ ] Deceased - [ ] Donor - [ ] Guardian > **Explanation:** The testator is the person who has made the will and whose estate is distributed upon their death.