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Related to testator: executor


One who makes or has made a will; one who dies leaving a will.

A testator is a person who makes a valid will. A will is the document through which a deceased person disposes of his property. A person who dies without having made a will is said to have died intestate.

A testator must be of sound mind when making a will. In part 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 free 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.


n. a person who has written a will which is in effect at the time of his/her death. (See: will)

See: contributor, decedent, grantor


the person who makes a WILL.

TESTATOR. One who has made a testament or will.
     2. 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. When a woman makes a will under some general agreement on the part of the husband that she shall make a will, the instrument is not properly a will, but a writing in the nature of a will or testament. Thirdly, persons who are deprived of their free will cannot make a testament; as, a person in duress. 2 Bl. Com. 497; 2 Bouv. Inst. n. 2102, et seq. See Devisor; Duress; Feme covert;, Idiot; Influence; Parties to Contracts; Testament; Wife; Will.

References in periodicals archive ?
While this is often difficult for the client to address, it is a very important part of what may be necessary to prove that the testator understood what he was doing and had the requisite capacity to accomplish his goals.
As per the will, beneficiaries can claim assets of the testator anywhere in the UAE, whether they register in Abu Dhabi or Dubai.
Establishing a trust can also provide more protection than an outright gift, if the testator is concerned that others may have a claim against the beneficiary of the gift.
Back then, wills in England and America were typically dictated on the deathbed, (14) a time when testators were vulnerable to coercion by the persons around them.
Cynthia Trench, Principal of Trench & Associates Legal Consultants, who has helped over 150 testators have their wills done at the WPR, said, "There are a number of high networth individuals from different countries, who have invested heavily in Dubai real estate, and have begun registering wills at the WPR.
See also Banks v Goodfellow, where Cockburn CJ stated that as long as a testator has capacity, he or she may in his or her 'unfettered discretion', make a will that is founded on 'caprice, or passion, or the power of new ties, or artful contrivance, or sinister influence' (at 564), and Knight Bruce VC's comment in the earlier case of Bird v Luckie (1850) 8 Hare 301; 68 ER 375 that 'a testator is permitted to be capricious and improvident' in the disposition of his or her property (at 306; 378).
such clauses avoids wasting the testator's estate by discouraging needless litigation" (36) and that a testator "should be able to avoid having details of his private life made public when he cannot be heard in explanation.
courts expect to be honored; for example, our judicial system expects wills to be signed by the testator.
If a testator desires to express their intentions regarding the guardianship of their minor children, the children must be living with the testator in Dubai.
In addition to the commitment to bring the heir, he accepted it, is the property of the testator have to waste his debts, the debts of the deceased have enough, and otherwise the obligation to be a clean is not imported.
An individual lacking capacity can never be subject to an insane delusion or undue influence because those doctrines describe invalidating circumstances on all, or portions, of an otherwise valid will; the doctrines of insane delusions and undue influence apply to wills executed by a testator with capacity.
Changing the current of one's estate from the course repeatedly marked for it is not a trivial matter and should not be done except on conclusive proof that such was the intent of the testator.