Will and testament

A legal document that states how a person’s property should be distributed after death and may appoint guardians, executors, or other decision-makers.

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Testator: A person who makes a will. The testator expresses the wishes recorded in the will.
Testamentary capacity: The legal ability to understand the nature and effects of making a will. A will may be challenged if the testator lacked the required capacity when signing.
Guardianship of minors: The legal care and decision-making authority assigned for a child who lacks a parent able to act. Parents may nominate guardians for minor children in a will, subject to court approval.
Living trust: A trust established during a person’s lifetime to hold and manage property. A living trust can transfer covered assets without relying on a will’s probate process.
Roman law: The legal system of ancient Rome and the traditions derived from it. Roman rules and practices helped shape later European law on inheritance and testamentary acts.
Executor: A person appointed to administer an estate and carry out a will. The will can name the person responsible for carrying out its instructions.
Undue influence: Improper pressure that overcomes a person’s free choice in a legal decision. Claims of undue influence can undermine a will’s validity.
Testamentary trust: A trust created under a will and taking effect after the testator’s death. A will can place inherited property in trust for beneficiaries under specified terms.
Living will: A document stating a person’s preferences for medical treatment if they cannot communicate. Despite its name, a living will concerns healthcare during life, not inheritance after death.
English common law: A legal tradition developed through judicial decisions in England and adopted in many jurisdictions. Common-law rules strongly influenced modern will formalities and estate administration.