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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.[1] It is any "person who makes a will."[2]

Related terms

  • A female testator is sometimes referred to as a testatrix, particularly in older cases.[2]
  • The adjectival form of the word is testamentary, as in:
  1. Testamentary capacity, or mental capacity or ability to execute a will and
  2. 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.

References

  1. ^ Law dictionary on line
  2. ^ a b Gordon Brown, Administration of Wills, Trusts, and Estates, 3d ed. (2003), p. 556. ISBN 0-7668-5281-4.
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