Testator

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."

A testator must be of sound mind when making a will. To ensure that a testator is of sound mind, states require that the signing of a will be witnessed by multiple persons. A testator also should be making the will without duress and bold & italicfree of coercion from other persons. If the testator is not acting of her own free will in consenting to the terms of the will, a court may later void all or part of it. In general, all persons may be testators. But to this rule there are various exceptions. First, persons who are deprived of understanding cannot make wills; idiots, lunatics and infants, are among this class. Secondly, persons who have understanding, but being under the power of others, cannot freely exercise their will; and this the law presumes to be the case with a married woman, and, therefore, she cannot make a will without the express consent of her husband to the particular will.

Related terms

• A female testator is sometimes referred to as a testatrix, particularly in older cases.
• 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.