Testament Law and Legal Definition

Testament refers to a Will disposing off personal property. A Will is a document by which a person provides for the transfer of his or her property upon death. Historically, a ‘will’ has been limited to real property whereas a ‘testament’ applies to dispositions of personal property. However, this difference is hardly observed today. States laws vary but generally a person must be eighteen of age to execute a will. In most states, the execution is proper if the maker signs the Will in the presence of two witnesses. Once the person declares that he or she signed it, the witnesses sign the will in the person’s presence and in the presence of each other. Most laws also provide that the witnesses should not be the heirs or interested in the estate.