Testator
The person who makes and signs a will. A female testator is sometimes called a testatrix, though testator is now used for all genders.
A testator is the legal term for a person who makes a will. To be a valid testator, you must:
- Be at least 18 years old (with limited exceptions for members of the armed forces)
- Have testamentary capacity (understand what you're doing)
- Make the will voluntarily without undue influence
Testamentary Capacity
The testator must understand:
- That they are making a will and what that means
- The nature and extent of their assets
- Who might reasonably expect to benefit
- That they're not affected by any disorder that influences their decisions
Signing Requirements
The testator must sign the will in the presence of two witnesses, who then sign in the testator's presence. If the testator cannot sign, they can direct someone else to sign on their behalf.
Common questions
What is the difference between testator and testatrix?
Historically, testator was used for men and testatrix for women. Today, testator is used for all genders in legal documents.
Can someone with dementia be a testator?
It depends on the severity. Someone with early dementia may have capacity to make a will during lucid periods. A doctor's assessment is recommended.
At what age can you be a testator?
You must be 18 or older in England and Wales. Members of the armed forces on active service can make a will at any age.
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