What does testamentary mean?
Testamentary is a formal legal adjective meaning “of or relating to a will.” It is used to describe arrangements that take effect through a will, as in a testamentary disposition, instrument, or trustee. The word particularly applies to property, gifts, and transfers whose legal operation depends on a testator's will rather than taking effect immediately during the testator's lifetime. In this sense, testamentary is distinguished from an inter vivos or lifetime arrangement. It also appears in legal concepts governing the formal requirements and interpretation of wills, such as testamentary capacity. The term belongs primarily to sophisticated legal and legal-historical prose, especially in jurisdictions governed by English-derived law. Although relatively uncommon in everyday speech, it is useful because it clearly identifies a legal arrangement as connected with testamentary succession and distinguishes it from transfers that occur immediately or under other contractual arrangements.
adjectiveRelating to a will or to the making of wills; made by or taking effect under a will.
- Relating to a will or to the making of wills; in particular, taking effect through a will.
"The testator's lawyer prepared several testamentary gifts for the beneficiaries."
"The testator's lawyer prepared several testamentary gifts for the beneficiaries."
"The court held that the transfer was testamentary in nature and therefore could take effect only at death."
A testamentary gift has a built-in trigger: it takes effect when the person making the will dies.
Reviewed by Deb Chak, Editor. AI-assisted content curated by RJS Tech Solutions LLP.
Where does testamentary come from?
Testamentary comes from Latin testamentarius, an adjective meaning “of or relating to a will,” formed from testamentum, “will.” Testamentum is associated with testis, “witness,” the same root found in testify and testimony. The English legal adjective and related forms such as testament, testator, and testate developed within the vocabulary of wills and inheritance.
Related word forms
How testamentary is actually used
This is a specialized, formal legal term and is not normally used for ordinary acts of giving, promising, or speaking.
Easily confused with testamentary
A testament is the legal document itself, whereas testamentary is an adjective meaning relating to a will.