What's the difference between testamentary and will?

Testamentary


Definition:

  • (a.) Of or pertaining to a will, or testament; as, letters testamentary.
  • (a.) Bequeathed by will; given by testament.
  • (a.) Done, appointed by, or founded on, a testament, or will; as, a testamentary guardian of a minor, who may be appointed by the will of a father to act in that capacity until the child becomes of age.

Example Sentences:

  • (1) Gurlitt's spokesperson, Stephan Holzinger, said in a tweet that it would be up to a probate court to decide if the collector had left behind a valid will or testamentary contract – a surprising statement considering Gurlitt's lawyers had been aware of his illness and might have been expected to help him prepare for his death.
  • (2) Wills are more prone to challenge on the issue of testamentary capacity because, as people live longer, they are more likely to have the kind of conditions that interfere with capacity and because the courts seem to be more apt to hear evidence and allow findings of lack of testamentary capacity than in the past.
  • (3) Therefore, it is incumbent on attorneys to protect the interests of their clients by addressing the issue of testamentary capacity in any case in which a will contest might be anticipated.

Will


Definition:

  • (v.) The choice which is made; a determination or preference which results from the act or exercise of the power of choice; a volition.
  • (v.) The power of choosing; the faculty or endowment of the soul by which it is capable of choosing; the faculty or power of the mind by which we decide to do or not to do; the power or faculty of preferring or selecting one of two or more objects.
  • (v.) The choice or determination of one who has authority; a decree; a command; discretionary pleasure.
  • (v.) Strong wish or inclination; desire; purpose.
  • (v.) That which is strongly wished or desired.
  • (v.) Arbitrary disposal; power to control, dispose, or determine.
  • (v.) The legal declaration of a person's mind as to the manner in which he would have his property or estate disposed of after his death; the written instrument, legally executed, by which a man makes disposition of his estate, to take effect after his death; testament; devise. See the Note under Testament, 1.
  • (adv.) To wish; to desire; to incline to have.
  • (adv.) As an auxiliary, will is used to denote futurity dependent on the verb. Thus, in first person, "I will" denotes willingness, consent, promise; and when "will" is emphasized, it denotes determination or fixed purpose; as, I will go if you wish; I will go at all hazards. In the second and third persons, the idea of distinct volition, wish, or purpose is evanescent, and simple certainty is appropriately expressed; as, "You will go," or "He will go," describes a future event as a fact only. To emphasize will denotes (according to the tone or context) certain futurity or fixed determination.
  • (v. i.) To be willing; to be inclined or disposed; to be pleased; to wish; to desire.
  • (n.) To form a distinct volition of; to determine by an act of choice; to ordain; to decree.
  • (n.) To enjoin or command, as that which is determined by an act of volition; to direct; to order.
  • (n.) To give or direct the disposal of by testament; to bequeath; to devise; as, to will one's estate to a child; also, to order or direct by testament; as, he willed that his nephew should have his watch.
  • (v. i.) To exercise an act of volition; to choose; to decide; to determine; to decree.

Example Sentences:

Words possibly related to "testamentary"