A transfer of property that takes effect at the transferor's death rather than during life. Testamentary dispositions are typically made through wills and must comply with statutory formalities for wills, including proper execution and witnesses.
A testamentary disposition is when you give something away in your will that the recipient only gets after you die. It's different from a lifetime gift—this gift doesn't happen until you're gone.
⏱ When you'll encounter this term
- Reading or drafting will provisions
- Distinguishing between lifetime gifts and death transfers
- Determining if formalities were met
- Estate planning strategies and tax implications
"Dad wrote in a letter 'I want my car to go to my son when I die.' That letter wasn't witnessed or properly signed, so it failed as a testamentary disposition. Without proper will formalities, the car went through intestacy with the rest of his estate."
⚖️ Compare: Testamentary vs Inter Vivos Disposition
Takes effect at death. Requires will formalities. Revocable until death. Part of estate.
Takes effect during life. Fewer formalities. Generally irrevocable. Not part of estate.
💡 Did you know?
Courts are strict about testamentary dispositions—they must meet all the legal requirements for wills, even if the person's intent was clear. An informal note saying "give my house to my daughter" won't work as a testamentary disposition unless it's properly witnessed and executed as a will.