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Last Will & Testament

This is the instrument wich ultimately fixes the disposition of real and personal property at death.

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. 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.