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Any item of property considered to be disposed of by a will. Technically such a gift is classed as a devise (land), a legacy (money), or a bequest (anything else), but these distinctions are not usually important.
Not every gift that takes effect on the donor's death is properly testamentory. To be testamentory the gift must be `revocable and ambulatory'. It is revocable if it can be withdrawn at any point; it is ambulatory if it takes not effect until the testator dies. So, for example, the benefit of a life assurance policy is not a testamentory gift, despite that it only takes effect on the death of the person assured.
This distinction is important, because only testamentory gifts are within the remit of s.9 of the WillsAct1837, and so must be attested in writing.
See also SecretTrust, HalfSecretTrust.
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