Testator

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Wills, trusts and estates

Part of the common law series

Wills

Legal history of wills Joint wills and mutual wills Will contract · Codicil Holographic will · Oral will

Sections Attestation clause Residuary clause Incorporation by reference

Contest Testamentary capacity Undue influence Insane delusion · Fraud

Property disposition Lapse and anti-lapse Ademption · Abatement Satisfaction of legacies Acts of independent significance Elective share · Pretermitted heir Wills and conflict of laws

Trusts

Express · Constructive Resulting

Common types Bare · Discretionary Accumulation and Maintenance Interest in possession Charitable · Purpose · Incentive

Other types Protective · Spendthrift Life insurance · Remainder Life interest Reversionary interest Testamentary Honorary · Asset-protection Special needs (Supplemental Needs)

Governing doctrines Pour-over will Cy-près doctrine Trusts and conflict of laws

Estate administration

Intestacy · Testator · Probate Power of appointment Simultaneous death · Slayer rule Laughing heir · Advancement Disclaimer of interest · Inheritance tax

Related topics

Advance directive (Living will) Totten trust

Other common law areas

Contract · Tort · Property Criminal law · Evidence

v • d • e

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]

[edit] 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.

[edit] References