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Will and testament
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his or her estate and provides for the distribution of his or her property at death. 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.〔''Wills, Trusts, and Estates'' (Aspen, 7th Ed., 2005)〕 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.
==Origin of the will and testament==
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 survivals from this period include "breaking and entering" and "peace and quiet".
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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