Under old common law, there used to be a separate writing disposing of real property (real estate) called a Testament, and a separate writing disposing of all other personal property (all other property) called a Will. Thus the archaic phrase "Last Will and Testament".

Ademption - Is the failure of a gift of personal property stated in a will due to the property no longer belonging to the testator.

Administrator - Is an appointed individual who administers an estate in an intestate succession.

Beneficiary - Is the person receiving a gift or benefitting from a trust.

Bequest - Is a testamentary gift of personal property other than money.

Codicil - Is an amendment to a will, or a slight modification which partially revokes an existing or earlier will.

Decedent - Is another term for the testate, the deceased.

Demonstrative legacy - Is a gift of a specific sum of money with a direction that it be paid out of a particular fund.

Descent - Is the succession of real property to beneficiaries named in the will.

Devise - Is the testamentary gift of real property.

Devisee - Is a beneficiary of real property by a will.

Distribution - Is the succession of personal property to beneficiaries named in the will.

Executor - Is the person named as administer of the estate.

Inheritor - Is a beneficiary named in the will.

Intestate - Is a person who has not created a will or who does not have a valid will at the time of their death.

Legacy - Is a testamentary gift of personal property, usually in the form of money.

Legatee - Is a beneficiary of personal property under a will.

Pour-over will - Is a testamentary device where property from the estate is transferred to the trustee of a trust.

Precatory memorandums - Is a document that expresses the wishes made by a testator on discretionary matters of the disbursement of the estate.

Probate - The legal process of settling the estate of a deceased person.

Residue of estate - Is the balance of a testators estate after all administrative expenses, debts, taxes and executor and court fees have been paid, which is available for distribution to the deceased's heirs.

Self-proved will - This is when the testator and the witnesses sign the will twice, deeming the will legitimate to avoid having to go to probate court.

Specific legacy - Is a testamentary gift of a precisely identifiable object.

Testamentary trust - Is any trust that arises upon the death of a testator through the will.

Testate - Is the person who dies having created a will prior to their death.

Testator - A person who executes or signs a will, which is their own.

Testamentary capacity - Is the mental competency to execute a will at the time the will was signed and witnessed.