wex definitions

In the context of jurisprudence, a test is the standard of evaluating a claim to determine the resolution. To apply a legal test, one must apply the facts in light of the elements needed to satisfy the relevant legal test.

Test cases refer to legal actions brought with the intention of challenging or receiving clarification on a present law. The strategy usually involves creating a “controversy” to get into a court that otherwise would not lead to a legal action because courts must have an actual dispute to hear a case.

Testacy refers to the condition of leaving a valid will. It is compared to intestacy, in which someone dies without a valid will and their estate passes under state laws of descent and distribution.

Testamentary is of or relating to a will or testament.  The term is often used to denote that something was provided for, appointed by or created by a will.

See: testamentary capacity, testamentary power of appointment, testamentary trust.

Testamentary capacity refers to the ability of a person to make a valid will. Most states have both an age requirement (usually 18 years old) and a mental capacity requirement. To have mental capacity, the testator must have the ability to know: 

Testamentary disposition is a disposition or transfer of property by the testator by gift, deed, or will, but the disp

A testamentary power of appointment is a power of appointment that the donee can only exercise through their will. This can be contrasted with a presently exercisable power of appointment.

• trusts and estates

A testamentary trust is a trust that is created in a will. It begins upon the death of the testator.

[Last reviewed in June of 2024 by the Wex Definitions Team]

When a person dies testate, it means they had a valid will at the time of their death.

Compare: Intestate

[Last reviewed in June of 2024 by the Wex Definitions Team]

Testate succession refers to how property will be distributed in a will. This is in contrast to intestate succession where laws determine how the property will be allocated to relatives. Individuals have almost free control over how to dispose of their property in a will that can be completely different from how intestate laws would.