A testator is an individual who has made a valid will or testament, expressing their wishes regarding the distribution of their assets and estate after their death. The testator is responsible for drafting the will, specifying beneficiaries, outlining bequests, appointing executors to administer the estate, and any other instructions related to their estate. Testators must be of sound mind and legal age to create a will, and the document must be signed and witnessed according to legal requirements to be considered valid. The role of the testator is crucial in ensuring their assets are distributed according to their wishes and that their estate is managed effectively after their passing.
A person who makes a will.
legal One who dies having made a legally valid will.
A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any “person who makes a will.”
Related Terms
- A female testator is sometimes referred to as a testatrix, particularly in older cases.
- The adjectival form of the word is testamentary, as in:
- Testamentary capacity, or mental capacity or ability to execute a will and
- Testamentary disposition, or gift made in a will (see that article for types).
- A will is also known as a Last will and testament.
- Testacy means the status of being testate, that is, having executed a will. The property of such a person goes through the probate process.
- Intestacy means the status of not having made a will, or to have died without a valid will. The estate of a person who dies intestate, undergoes administration, rather than probate.
- The Attestation clause of a will is where the witnesses to a will attest to certain facts concerning the making of the will by the testator, and where they sign their names as witnesses.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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