Testator

Who Is the Testator?

A testator (testatrix is the historical feminine form, though testator is now used for all genders) is the individual who creates and signs a last will and testament. The testator must satisfy the legal requirements for capacity and execution under the law of the state where they reside or where the will is executed. Without those requirements, the will is invalid and the estate is distributed under intestacy laws.

Testamentary Capacity

A valid will requires that the testator:

• Be of legal age (18 in most U.S. states, lower in some military and emancipated contexts) - Understand the nature and extent of their property - Recognize the natural objects of their bounty (typically family members) - Understand the disposition being made in the will - Be free from undue influence, fraud, or duress

Best Practices for Testators

Testators should periodically review their wills after major life events: marriage, divorce, birth or adoption of children, death of a beneficiary, significant changes in assets, or moving to a new state. The will should be stored securely with the original signatures intact, and the executor should know where to find it. Self-proving affidavits, signed by the testator and witnesses before a notary, simplify probate by eliminating the need to locate witnesses. A testator may revoke or amend a will at any time while retaining testamentary capacity through a new will or a codicil.