Who is a Testator?

A Testator or Testatrix is a person who makes or has made a will; or a person who has died leaving a will. If a person dies without having made a will they are said to have died intestate.

In order to make a valid will there are certain formalities that are prescribed by law. A testator must be of sound mind (have testamentary capacity) when making a will. In part to ensure that a testator is of sound mind, there are legal requirements that when the testator signs a will it is in the presence of several witnesses.

Similarly the testator must have the requisite intention to make a will, if there is no intention there can be no will. A person who is unable to understand that they are signing a document that will distribute their property following their death is said to lack the testamentary capacity to create a will.

A testator also should be making the will without duress and free of coercion from other persons. If this is not the case, a court may later void all or part of the will.

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