Will and testament
This article deals with wills in the law of succession. For other meanings, see Will (disambiguation).
Last will and testament is a redirect to this article. See also: Last will (disambiguation).
A will (lat. testamentum, from testari "to testify") is a form of disposition by reason of death, a regulation for the case of succession.
Under German law, this disposition is also referred to as a testamentary disposition (§ 1937 BGB). It is a unilateral declaration of will by the testator concerning his or her property, which requires a particular form and can be revoked at any time, and which takes effect in the event of his or her death (succession). Another form of disposition by reason of death is the contract of inheritance (§§ 1941, § 2274 ff. BGB).
In Austria, only testamentary dispositions by which an heir is appointed are called wills (§ 552 para. 2 ABGB).
If there is no will, intestate succession takes effect.
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.
