Will (law) - Definition and Overview

In the law, a will or testament is a documentary instrument by which a person regulates the rights of others over his property or family after his death. For the devolution of property not disposed of by will, see inheritance and intestacy. In strictness will is a general term whilst testament applies only to dispositions of personalty, but this distinction is seldom observed.

The conception of freedom of disposition by will, familiar as it is in modern England and the United States, both generally considered common law systems, 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.

Some advocates for gays and lesbians have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions.

Though most people are aware that they need a will, many Americans (as high as 66% according to Consumer Reports) don't have one. Among the famous people who died without a valid will are Abraham Lincoln, Andrew Johnson, Ulysses S. Grant, Howard Hughes, Martin Luther King, Jr., and Pablo Picasso.

See also Will (law): legal history