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Testator

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The Law of Wills, Trusts
and Estate Administration
Part of the common law series
Wills
Wills  · Legal history of wills
Joint wills and mutual wills  · Will contract
Codicils  · Holographic will  · Oral will
Parts of a Will
Attestation clause  · Residuary clause
Incorporation by reference
Contesting a Will
Testamentary capacity  · Undue influence
Insane delusion  · Fraud
Problems of property disposition
Lapse and anti-lapse
Ademption  · Abatement
Acts of independent significance
Elective share  · Pretermitted heir
Trusts
Generic Terms:
Express trust  · Constructive trust
Resulting trust
Common Types of Trust:
Bare trust  · Discretionary trust
Accumulation and Maintenance trust
Interest in Possession trust
Charitable trust  · Purpose trust
Incentive trust
Other Specific Types of Trust:
Protective trust  · Spendthrift trust
Life insurance trust  · Remainder trust
Life interest trust  · Reversionary interest trust
Honorary trust  · Asset-protection trust
Special needs trust: (general)/(U.S.)
Doctrines governing trusts
Pour-over will  · Cy-près doctrine
Estate Administration
Intestacy  · Testator  · Probate
Power of appointment
Simultaneous death  · Slayer rule
Disclaimer of interest
Other related topics
Living Wills (advance directives)
Totten trust
Other areas of the Common Law
Contract law  · Tort law  · Property law
Criminal law  · Evidence

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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