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| Wills, trusts and estates |
| Part of the common law series |
| Wills |
| Wills (legal history) Joint wills and mutual wills Will contract · Codicil Holographic will · Oral will |
| Sections Attestation clause Residuary clause Incorporation by reference |
| Contest Testamentary capacity Undue influence Insane delusion · Fraud |
| Property disposition Lapse and anti-lapse Ademption · Abatement Elective share Pretermitted heir |
| Trusts |
| Express · Constructive Resulting |
| Common types Bare · Discretionary Accumulation and Maintenance Interest in possession Charitable · Purpose · Incentive |
| Other types Protective · Spendthrift Life insurance · Remainder Life interest Reversionary interest Honorary · Asset-protection |
| Governing doctrines Pour-over will Cy-près doctrine |
| Estate administration |
| Intestacy · Testator · Probate Power of appointment Simultaneous death · Slayer rule Disclaimer of interest · Inheritance tax |
| Related topics |
| Totten trust |
| Other common law areas |
| Contract · Tort · Property 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:
- Testamentary capacity, or mental capacity or ability to execute a will and
- 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
- ^ Law dictionary on line
- ^ a b Gordon Brown, Administration of Wills, Trusts, and Estates, 3d ed. (2003), p. 556. ISBN: 0-7668-5281-4.
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- This page was last modified on 9 September 2008, at 15:18.
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