Testator

A testator is a person who makes a will, directing how their property and affairs are to be managed and distributed after death. The term is gender-neutral in contemporary usage, though testatrix was historically used for a female.

For a will to be valid, the testator must have testamentary capacity—understanding the nature of the act, the extent of their property, and the people affected by the disposition—and must not be subject to fraud, duress, or undue influence. They are typically required to be of legal age and of sound mind, with capacity defined by the governing jurisdiction. Wills must be executed according to formal requirements, usually including the testator’s signature and witnesses, and in some places also notarization.

A will appoints one or more executors to administer the estate and may name guardians for minor children. It sets out the distribution of real and personal property, may create trusts, and can include instructions regarding funeral arrangements, debts, and the residual estate. A testator may amend or revoke a will through a codicil or by drafting a new will; revocation can occur by destruction of the document or by subsequent legal instruments, and in many jurisdictions a later will supersedes earlier ones.

Types of testamentary instruments include simple wills, codicils, and, in some jurisdictions, holographic or nuncupative wills, each with its own validity requirements. The term testator remains the standard designation for a person who creates a will, reflecting the act of testamentary disposition rather than any gender.