testator

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(tĕs''tər, tĕ-stā'tər) pronunciation
n.
One who has made a legally valid will before death.

[Middle English testatour, from Anglo-Norman, from Latin testātor, from testārī, to make one's will. See testament.]


Person who has died leaving a valid will, providing for distribution of assets to heirs. Sometimes called settler. Compare with Trustor.

A person who makes a will.


Example: By will the testator left his property to his wife.

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Next:Testatrix, Testimonium
This entry contains information applicable to United States law only.

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.

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]
  • In Ahmadiyya Islam, a testator is referred to as a moosi[3], who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Promised Messiah, thus committing a portion, not less than one-tenth, of his lifetime earnings and any property to a cause.


  • 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.

References

  1. ^ "Law dictionary on line". Dictionary.law.com. 2010-12-09. http://dictionary.law.com/default2.asp?typed=testator&type=1&submit1.x=72&submit1.y=6. Retrieved 2012-03-26. 
  2. ^ a b Gordon Brown, Administration of Wills, Trusts, and Estates, 3d ed. (2003), p. 556. ISBN 0-7668-5281-4.
  3. ^ Khairallah, Ibrahim A. (1941). The law of inheritance in the Republics of Syria and Lebanon. Original from the University of Michigan: American Press. p. 228–258. http://books.google.com/books?client=firefox-a&id=T5TGAAAAMAAJ&dq=Islam++Moosi&q=Moosi#search_anchor. 

Translations:

Testator

Top

Dansk (Danish)
n. - testator, arvelader

Nederlands (Dutch)
erflater

Français (French)
n. - (Jur) testateur

Deutsch (German)
n. - Erblasser

Ελληνική (Greek)
n. - (νομ.) διαθέτης

Italiano (Italian)
testatore

Português (Portuguese)
n. - testador (m), testante (m)

Русский (Russian)
завещатель, наследник, свидетель

Español (Spanish)
n. - testador

Svenska (Swedish)
n. - testator (jur.)

中文(简体)(Chinese (Simplified))
立遗嘱之人

中文(繁體)(Chinese (Traditional))
n. - 立遺囑之人

한국어 (Korean)
n. - 유언자

日本語 (Japanese)
n. - 遺言者

العربيه (Arabic)
‏(الاسم) تارك ألوصيه, الموصي‏

עברית (Hebrew)
n. - ‮מצווה - מי שהשאיר אחריו צוואה‬


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test. (abbreviation)
Testator/Testatrix (insurance term)
Republication (legal term)
Will (in banking)