HOME

TheInfoList




A testator () is a
person A person (plural people or persons) is a being that has certain capacities or attributes such as reason Reason is the capacity of consciously applying logic Logic is an interdisciplinary field which studies truth and reasoning Reason is ...

person
who has written and executed a
last will and testament A will or testament is a legal document that expresses a person's (testator A testator () is a person A person (plural people or persons) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-con ...
that is in effect at the time of his/her
death Death is the permanent, irreversible cessation of all biological functions that sustain a living Living or The Living may refer to: Common meanings *Life, a condition that distinguishes organisms from inorganic objects and dead organi ...

death
. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556. .


Related terms

* A female testator is sometimes referred to as a testatrix (), plural testatrices (), particularly in older cases. *In
Ahmadiyya Islam Ahmadiyya (, ), officially the Ahmadiyya Muslim Community or the Ahmadiyya Muslim Jama'at ( ar, الجماعة الإسلامية الأحمدية, al-Jamāʿah al-Islāmīyah al-Aḥmadīyah; ur, , translit=Jamā'at Aḥmadiyyah Muslimah), ...
, a testator is referred to as a moosi, who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the , thus committing a portion, not less than one-tenth, of his lifetime earnings and any property to a cause. * The adjectival form of the word is testamentary, as in: #
Testamentary capacity In the common law tradition, testamentary capacity is the legal Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded a ...
, or mental capacity or ability to execute a will and #
Testamentary disposition A testamentary disposition is any gift of any property by a testator under the terms of a will (law), will. Types Types of testamentary dispositions include: * Gift (law), assets that have been legally transferred from one person to another * Wi ...
, or gift made in a will (see that article for types). #
Testamentary trust A testamentary trust (sometimes referred to as a will trust or trust under will) is a trust which arises upon the death of the testator A testator () is a person A person (plural people or persons) is a being that has certain capacities or att ...
, a trust that is created in a will. * A
will Will may refer to: Common meanings * Will and testament A will or testament is a legal document that expresses a person's ( testator) wishes as to how their property (estate (law), estate) is to be distributed after their death and as to which ...
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 Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy Intest ...
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 Administration may refer to: Management of organizations * Management Management (or managing) is the administration of an organization An organization, or organisation (English in the Commonwealth of Nations, Commonwealth English; ...
, rather than probate. * The
attestation clause In the statutory A statute is a formal written enactment of a legislature, legislative authority that governs the legal entities of a city, State (polity), state, or country by way of consent. Typically, statutes command or prohibit something, ...
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.


See also

* Witnessing of a testator's will


References

Wills and trusts {{law-term-stub