Will (law)

A will (or testament) is a legal document that records a person's final wishes about property, guardianship and other matters to take effect after death, and it may be subject to probate.

Author: Leandro Alegsa

17-04-2026

A will, often called a "last will and testament," is a formal legal instrument by which a person (the testator) states how their property and affairs should be handled after death. Its central purpose is to identify beneficiaries who receive assets, to name an executor or personal representative who will carry out instructions, and to address other personal arrangements the testator considers important.

Common contents and features

Wills vary widely in form and detail, but typical provisions include:

designation of beneficiaries to receive money, real property and other possessions (estate and monetary assets);
appointment of an executor, personal representative, or administrator to manage the estate;
manual or conditional gifts, including charitable bequests (charities);
nomination of a guardian for minor children or dependents;
funeral or disposition preferences and directions for trusts or long-term management of assets.

Creation, execution and validity

To be effective, a will must meet the formal requirements set by the law in the jurisdiction where it is made. Those requirements commonly include a writing, the testator's capacity to make decisions, clear intent, and signatures witnessed according to local rules. Some systems recognize handwritten or electronic wills under specific conditions. A will may be changed by a subsequent will or by an amendment known as a codicil, and it can be revoked by the testator while alive.

Probate and administration

When a testator dies, the will is often presented to a court for probate — a legal process that authenticates the document, supervises the distribution of assets, and resolves creditor claims. During probate an executor or court-appointed administrator handles inventorying assets, paying debts and taxes, and distributing property according to the will. Where no valid will exists, an estate passes under statutory rules of intestacy instead of the testator's directions. The probate pathway and its duration depend strongly on local law and the estate's complexity; some arrangements, such as living trusts or jointly held property, are designed to reduce or avoid probate.

Historical background and variations

The concept of a will has deep historical roots in legal traditions that sought orderly transfer of property and care for dependents after death. Modern wills reflect a mixture of civil and common-law influences, and their form and enforceability differ across legal systems. Words like "last will and testament" reflect historical phrasing that persists today, even as contemporary statutes and procedures have evolved.

Practical considerations and notable points

Writing a will is a common method to express final wishes, but it is only one tool of estate planning. People often combine wills with beneficiary designations, trusts, powers of attorney, and healthcare directives to address different needs. Because the rules governing wills are technical and vary by place, many people seek legal advice to ensure that a will is valid, clear, and aligned with broader financial and family goals. For more on legal definitions and procedures see general resources on legal documents and probate practice (probate).

Understanding local requirements and keeping a will under periodic review can reduce disputes and help ensure that a testator's final intentions are carried out as intended.

Distinction from other dispositions

The legal rules on the content, creation, revocation, interpretation and contestation of wills are part of the law of succession. By contrast, the misleadingly named patient's will (better: living will) does not regulate the fate of assets after death, but rather the scope of medical and nursing care in the event that the patient is later no longer able to form or express a will. The formal requirements of a will do not apply to living wills; under German law, the written form is sufficient (§ 1901a BGB). The same applies to last wills concerning burial.

"Reading the will" (19th century French cartoon).

Reasons for a will

In the event of the death of a person who has not made an effective will and has not concluded a contract of inheritance, intestate succession applies. This succession does not necessarily correspond to the will of the testator and can lead to disputes among the relatives, which the testator can avoid by making clear provisions in the will. For example, the legal succession rules that in a childless marriage the parents become heirs alongside the surviving spouse and form a community of heirs with the latter. Often, the statutory provision that the children inherit alongside the surviving spouse and thus form a community of heirs in this case also does not coincide with the last will and testament of the testator. Especially in patchwork families, intestate succession can lead to rather haphazard, undesirable results. If you want to avoid this, you must regulate the succession by means of a will (or a contract of inheritance).

Alfred Nobel's will, with which he endows the Nobel Prize

Questions and Answers

Q: What is a will or testament?

A: A will or testament is a legal document that explains someone's last wishes after they die.

Q: What is another name for a will or testament?

A: A will or testament is sometimes called a "last will and testament".

Q: When does a person write a will or testament?

A: A person writes a will and testament before they die.

Q: What is the purpose of a will or testament?

A: The purpose of a will or testament is to specify what the person wants to happen to their estate, including their money and possessions, after they die.

Q: What are some other issues a will or testament may address besides the person's estate?

A: A will or testament may also provide for other issues such as stating preferences for funeral arrangements, designating a guardian for a minor child, preventing will contests, and making gifts to charities.

Q: What happens to a person's will or testament after they die?

A: After a person dies, their will may be probated, meaning a probate court will authorize a representative to carry out the deceased person's wishes.

Q: What is the representative authorized to do after a person's will or testament is probated?

A: Depending upon where probate occurs, the representative may be called a personal representative, executor, or administrator, and is authorized to carry out the deceased person's wishes.