Why is it called a “Last Will and Testament”?

Last

The word “Last” in that title carries a plain but very important meaning. When you pass away, your Last will and testament is what controls the disposition of your estate, not any previous wills and testaments. When you get a will from an attorney, they will almost always include a clause revoking any and all prior wills. Without that legal language, the document you sign may be considered to be a codicil, which is like an amendment to your previous will, and will only revoke the portions of your prior will(s) that are inconsistent with the codicil. Not effectively revoking prior wills may lead to a lot of confusion, which can result in a longer and more expensive probate process, or even fighting between your heirs.

Will and Testament

Is there a difference between a “will” and a “testament”? Not really! “Will and Testament” is what is known as a legal doublet. These terms inherited from our legal system’s English common law ancestry, occur when two nearly synonymous terms, one with an Old English origin and one with a Latin (or Old French) origin, are combined to enhance clarity and limit any misunderstanding. The word “will” is derived from Old English willan, meaning “to wish,” whereas the word “testament” is an Old French word based on the Latin testamentum, which meant the same thing thousands of years ago as it does now! A testamentum is a will, and that word is the combination of the words testari (to testify or attest) and the suffix -mentum, which is the form or result of the word it is appended to. Your “Last Will and Testament”, therefore, is your formal attestation of what you want to happen to all your property when you’re no longer around to possess it.

TL; DR. “Cut to the chase, etymology nerd!”

“Will and Testament” are two words that mean the same thing and are used together for historical reasons. What’s important is that your Last will is what determines what happens to your stuff, and an estate planning attorney can help you make sure that last will is properly written and executed to overrule any previous wills.