What is a testator?

A testator is the legal term for a person who has made a legally valid Will or testament. They are often referred to as the Will maker. Historically a male was referred to as a testator and a female was referred to as a testatrix. Whilst these terms are still correct, the term testator is now used interchangeably for both the male and female derivative.

 In the context of estate planning, the testator is the person who outlines how their assets and affairs should be managed and distributed after their death. The Will is a legal document that ensures the testator's wishes are respected and followed, providing clarity and direction for the distribution of their estate.

Key Aspects of a Testator:

1. Legal Capacity: To be a testator, a person must have the legal capacity to make a Will. This generally means they must be of sound mind and know and approve of the contents of the Will. In NSW, a testator must be 18 years or older although the Court can permit a person under 18 to make a Will under special circumstances.
2. Intent: The testator must have the intention to create a Will. This means the document must be intended to take effect upon their death and must be executed voluntarily, without any undue influence or coercion.
3. Formal Requirements: The will must meet certain formal requirements to be valid. This includes being in writing, signed by the testator, and witnessed by at least two adults in the presence of the testator and of each other.
4. Revocation and Alteration: A testator can revoke or alter their Will at any time before their death, provided they have the legal capacity to do so. This allows them to update their Will to reflect changes in their circumstances or wishes.
5. Executor Appointment: In their Will, a testator typically appoints an executor. This is the person responsible for administering the estate, ensuring that the testator's wishes are carried out as specified in the Will.

Contact us for a free thirty-minute consultation with an estate planning lawyer.

Any information on this website is general in nature and should not be taken as personal legal advice. We recommend that you speak to a lawyer about your personal circumstances.

Photo by LinkedIn Sales Navigator