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A will or testament is a legal document by which a person, the testator, expresses their wishes as

to how their property is to be distributed at death, and names one or more persons, the executor, to
manage the estate until its final distribution. For the devolution of property not disposed of by will,
see inheritance and intestacy.
Though it has at times been thought that a "will" was historically limited to real property while
"testament" applies only to dispositions of personal property (thus giving rise to the popular title of
the document as "Last Will and Testament"), the historical records show that the terms have been
used interchangeably.[1] Thus, the word "will" validly applies to both personal and real property. A will
may also create a testamentary trust that is effective only after the death of the testator.

Contents

 1History
 2Freedom of disposition
 3Types of wills
 4Terminology
 5Requirements for creation
o 5.1International wills
 6Revocation
o 6.1Methods and effect
o 6.2Dependent relative revocation
o 6.3Election against the will
 7Notable wills
 8Probate
 9See also
 10References
 11Books
 12External links

History[edit]
See also: Legal history of wills
Throughout most of the world, disposal of an estate has been a matter of social custom. According
to Plutarch, the written will was invented by Solon. Originally, it was a device intended solely for men
who died without an heir.
The English phrase "will and testament" is derived from a period in English law when Old English
and Law French were used side by side for maximum clarity. Other such legal doublets include
"breaking and entering" and "peace and quiet".[2]

Freedom of disposition[edit]
Last will and testament of Tennessee Williams

The conception of the freedom of disposition by will, familiar as it is in modern England and the
United States, both generally considered common lawsystems, is by no means universal. In fact,
complete freedom is the exception rather than the rule. Civil law systems often put some restrictions
on the possibilities of disposal; see for example "Forced heirship".
Advocates for gays and lesbians have pointed to the inheritance rights of spouses as desirable for
same-sex couples as well, through same-sex marriageor civil unions. Opponents of such advocacy
rebut this claim by pointing to the ability of same-sex couples to disperse their assets by will.
Historically, however, it was observed that "[e]ven if a same-sex partner executes a will, there is risk
that the survivor will face prejudice in court when disgruntled heirs challenge the
will",[3] with courts being more willing to strike down wills leaving property to a same-sex partner on
such grounds as incapacity or undue influence.[4][

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