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Related to testators: testatrix, testacy


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 ?
This is a pivotal stepping stone for the registry as we extend our services to a wider network of people, who will be safe in the knowledge that their Dubai and Ras Al Khaimah based assets cannot be legitimately challenged on the grounds of either the authenticity of the identity of the testator or the integrity of the registration and witnessing," said Sean Hird, Director, DIFC Wills & Probate Registry.
We call the person whose property is being distributed the testator.
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.
Sanjeev Sury, 56, another testator, said: "My motivation for making a will was for my wishes to be carried out in line with my country's principles of testamentary freedom, instead of another heirship regime potentially applying to my succession.
The 2015 decision of Spence v BMO Trust Company (1) determined by Gilmore J in the Ontario Superior Court of Justice, and the related 2016 appeal decision of the same name (2) decided by Justices of Appeal Cronk, Lauwers and van Rensburg in the Court of Appeal for Ontario, address this question in the context of a will made by a testator that excluded one of his two daughters from provision on the basis that the excluded daughter had given birth to a child fathered by a white man.
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.
Recent analysis of 206 probate records in Victoria (Baker & Gilding 2011) demonstrated that most testators leave their estates to their immediate family (partners and children); most testators with (97.
Marriage as discussed in Parts II and III pertains to a testators own spousal relationship.
On the contrary, one of the accepted virtues of freedom of testation is that it exploits the comparative advantage of testators to craft estate plans benefitting successors, taking into account the unique circumstances of each family; by comparison, intestacy law operates mechanically and inflexibly.
In contrast to an official will, "asmeninis testamentas" is written up in hand by the testator indicating the first name and surname of the testator, the date (a year, a month, a day) and place where the will was made, expressing the true intent of the testator and signed by him" (The Civil Code of the Republic of Lithuania, 2011).
already includes a number of safeguards that caution all testators from
In concluding as he did, Justice Austin noted concerns about the reliability of audio recordings, but also noted that for some testators, recording their testamentary intentions in an audio recording might be easier than writing them down.