Testator
Encyclopedia
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."
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
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 adjectivalAdjectiveIn grammar, an adjective is a 'describing' word; the main syntactic role of which is to qualify a noun or noun phrase, giving more information about the object signified....
form of the word is testamentary, as in:
- Testamentary capacityTestamentary capacityIn the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or disposing mind and memory....
, or mental capacity or ability to execute a will and - Testamentary dispositionTestamentary dispositionA testamentary disposition is any gift of any property by a testator under the terms of a will.-Types:Types of testamentary dispositions include:* Gift , assets that have been legally transferred from one person to another...
, or gift made in a will (see that article for types).- A willWill (law)A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
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 probateProbateProbate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
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 administrationAdministration of an estate on deathIn English law, Administration of an estate on death arises if the deceased is legally intestate. In United States law, the term Estate Administration is used....
, rather than probate. - The attestation clauseAttestation clauseIn the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature....
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.
- A will