testator

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Testator

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.

testator

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

testator

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 ?
Sticky defaults become difficult to condone in the realm of inheritance, however, because they inevitably discriminate against more poorly counseled testators. (73) If the social policy at issue is important enough, then lawmakers should make rules that promote it mandatory and applicable to all.
(2009) 'Reforming Australian inheritance law: tyrannical testators vs greying heirs?', Australian Property Law Journal, 17, 1-24.
Are all pages numbered correctly and initialed by the testator?
Marriage as discussed in Parts II and III pertains to a testators own spousal relationship.
As Gulliver and Tilson observed, the need to protect testators from duress or undue influence depends upon their vulnerability.
Generally, the Lithuanian legal system enables the testator to bequeath his/her estate, its part or a single thing to the society for useful or charitable purposes.
testators could always rethink their testamentary decisions and alter
must be signed by the testator, or by someone else in the presence and at the direction of the testator, in the presence of at least two witnesses who must be present at the same time; and
A written Will needs to have been validly signed by the deceased or it has been signed by some other person in the presence of and by the direction of the person who makes the Will, also called testator. brUnder Kenyan law, no specific form of a Will is required.
Now combined with VFS Global, asset-owners can make use of the enhanced security features including e-authentication, verifying the identity of the testator and e-witnessing that ensures that the will was drafted and witnessed with no third party influence.
Trusts provide a useful solution for testators who want to provide for a person, such as their child, who would benefit by not having a large amount of money in their name.
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.