Legal Definitions - Testamentary

The term testamentary refers to anything that is related to or established by a person's last will and testament. It describes actions, provisions, or legal structures that come into effect because they were specified or created within a valid will, taking effect upon the will-maker's death.

Here are some examples to illustrate this concept:

• Example 1: A Specific Gift

  Imagine a situation where Mr. Chen's will states that his collection of rare stamps should be given to his nephew, David. This instruction is a testamentary gift.

  Explanation: The gift of the stamp collection is "testamentary" because it is a specific directive contained within Mr. Chen's will, dictating how his property will be distributed after his death.

• Example 2: Appointing a Guardian

  Suppose Ms. Rodriguez, a single mother, includes a clause in her will naming her sister, Elena, as the legal guardian for her young daughter, Sofia, should Ms. Rodriguez pass away before Sofia turns 18. This appointment is a testamentary appointment.

  Explanation: Elena's designation as Sofia's guardian is "testamentary" because this crucial role was specifically established and outlined within Ms. Rodriguez's will, becoming effective upon her death.

• Example 3: Creating a Post-Death Fund

  Consider a scenario where a wealthy philanthropist, Mrs. Albright, includes instructions in her will to create a perpetual scholarship fund for deserving students at her alma mater. This fund is to be managed by a designated university committee and will only begin operations after her passing. This is a testamentary fund.

  Explanation: The scholarship fund is "testamentary" because its creation, purpose, and operational rules are entirely dependent on the instructions laid out in Mrs. Albright's will, coming into existence and effect only after her death.