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Person who makes a will
A testator (/tɛsˈteɪtɔːr/) is a person who has written and executed a last will and testament that is in effect at the time of their death. It is any "person
Testator
Legal declaration where a person distributes property at death
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their
Will_and_testament
Species of beetle
Periaptodes testator is a species of beetle in the family Cerambycidae. It was described by Francis Polkinghorne Pascoe in 1866. It is known from Indonesia
Periaptodes_testator
Handwritten and signed will and testament
document, meaning that it has been entirely handwritten and signed by the testator. Holographic wills have been treated differently by different jurisdictions
Holographic_will
Species of beetle
Hecphora testator nitida Aurivillius, 1920 Hecphora testator testator (Fabricius, 1781) BioLib.cz - Hecphora testator. Retrieved 8 September 2014. v t e
Hecphora_testator
Proving of a will
will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. Concurrent through the probate process
Probate
testament is a declaration, in proper form, by a person known as the "testator" or "testatrix," as to how and to whom their property is to go after their
Testate succession in South African law
Testate_succession_in_South_African_law
Supplementary document to a testament
intestacy. However, a testator was also able to institute a fideicommissum, a more flexible and less formal indication of the testator's intent, which could
Codicil_(will)
Process of planning for inheritance of property
provided in section 5(2) of the Wills Act 1959. Testator must be of the age of majority. The testator must be at least 18 years old as stipulated under
Estate_planning
Formal objection to the validity of a will
the testator (the party who made the will) or that the will is otherwise invalid. Will contests generally focus on the assertion that the testator lacked
Will_contest
Dying without leaving a will
has no other heirs. Administration of an estate on death Estate planning Testator Uniform Simultaneous Death Act "Intestacy". Wex. Cornell Law School. Retrieved
Intestacy
conception of reality that a testator of a will adheres to against all reason and evidence to the contrary. A will made by a testator suffering from an insane
Insane_delusion
Concept in property law
that the testator (the person who wrote the will) did not include the person in the testator's will. Omission may occur because the testator did not know
Pretermitted_heir
What happens when property in a will no longer exists at death
property bequeathed under a will is no longer in the testator's estate at the time of the testator's death. For a devise (bequest) of a specific item of
Ademption
In statutory law, a type of clause found in wills
already made or directed another to sign for the testator in the testator's presence; (3) that the testator executed the will as a free and voluntary act
Attestation_clause
English grocer whose body was kept in the roof of his house (1667–1724)
Henry Trigg (c. 1667 – 6 October 1724) was an English grocer who became famous following his death for his eccentric will which had his body placed in
Henry_Trigg_(testator)
a contract between the testators, it is a legally sufficient condition that the contract provides, in return for one testator agreeing to make a will
Joint_wills_and_mutual_wills
Term
most frequently used in the law of wills to describe the ability of the testator (the person writing the will) to select a person who will be given the
Power_of_appointment
Ability to make or alter valid wills
about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind
Testamentary_capacity
Inheritance law
when a decedent has children and leaves a will, it is unlawful for the testator to override the legitime by special gift which exhausts the estate or by
Legitime
Practice of passing on property upon the death of individuals
inheritance is the transfer of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to their children
Inheritance
Complementary concepts under the US law of wills
before the testator (the writer of the will). At common law, lapse occurs when the beneficiary or the devisee under the will predeceases the testator, invalidating
Lapse_and_anti-lapse
Act of the Parliament of the United Kingdom
death of the testator is deemed to have been living at the testator's death (s.33(4)(b)). The will is interpreted in respect of the testator's property immediately
Wills_Act_1837
Person holding a position of trust to a beneficiary
for non-charitable purposes): typical examples are a will trust for the testator's children and family, a pension trust (to confer benefits on employees
Trustee
History of a type of legal document
validity were that the testator should possess testamentary capacity, and that the will should be signed or acknowledged by the testator in the presence of
Legal_history_of_wills
Will that creates a trust and orders the estate distributed to the trustee
English common law, because it was not deemed a binding trust, in that the testator can change the disposition of the trust at any time and therefore essentially
Pour-over_will
bronze and scales"). This form of will rested on the legal fiction that the testator was formally conveying (mancipatio) his property to a trustee (familiae
Inheritance law in ancient Rome
Inheritance_law_in_ancient_Rome
1813 novel by Jane Austen
securities. Should the wife inherit further money during the marriage, the testator—for instance, her own parents—could specify that inheritance as being into
Pride_and_Prejudice
Murderer cannot inherit from their victim
2139/ssrn.2720019. SSRN 2720019. ""Arizona's Slayer Statute: The Killer of Testator Intent" by Adam D. Hansen". bepress.com. Mut. Life Ins. Co. v. Armstrong
Slayer_rule
Slavery-era cultural convention
answer to the petition, that...Harriet is the offspring of...Fanny, by testator...No court certainly would lend its aid to enforce rights predicated upon
Shadow_family
Part of a legal estate not left in a will
A residuary estate, in the law of wills, is any portion of the testator's estate that is not specifically devised to someone in the will, or any property
Residuary_estate
Blood relative in the direct line of descent
providing for the non-lapse of a devise where the devisee predeceases the testator but leaves lineal descendants. Among some Native American tribes in the
Lineal_descendant
Topics referred to by the same term
refer to: Competition Will contest, dispute over the final wishes of a testator Contesting, an amateur radio activity (a radiosport) Contest (2013 film)
Contest
Court documents granted for estates
Traditionally, letters of administration granted to a representative of a testator's estate are called "letters of administration with the will annexed" or
Letters_of_Administration
Second division of the Christian biblical canon
for the New is the fulfilling of the Old, and in both there is the same testator, even Christ, who, having suffered death for us, made us heirs of His everlasting
New_Testament
Doctrine allows changing will by acts
The doctrine of acts of independent significance at common law permits a testator to effectively change the disposition of his property without changing
Acts of independent significance
Acts_of_independent_significance
Person who receives portion of an estate
wills, is any individual or organization bequeathed any portion of a testator's estate. Depending upon local custom, legatees may be called "devisees"
Legatee
Pour-over will Cy-près doctrine Estate administration Estate planning Testator Probate Power of appointment Inheritance tax Related topics Advance directive
Anti-alienation_clause
Trust created by a will
trust or trust under will) is a trust which arises upon the death of the testator, and which is specified in their will. A will may contain more than one
Testamentary_trust
Legal term pertaining to inheritance
described as strict per stirpes, or the old English approach. Example 1A: The testator A, specifies in their will that their estate is to be divided among their
Per_stirpes
requirements: The will must be in writing and signed by the testator (the person making the will) The testator must be of legal age (18 years old) and have mental
Inheritance_law_in_Canada
and show the testator did not belong to that gens. Following Eck's article, Ronald Syme proposed Gnaeus Domitius Tullus as the testator. More recently
Testamentum_Dasumii
succession, the testator created a trust in his will for the maintenance of his wife and the education of his nephews (whom he named). The testator was aware
Botha_v_The_Master
South African legal case
the testator was intellectually disabled and epileptic, and had appointed the two daughters of his step-mother as his sole heirs. When the testator's father
Spies_v_Smith
Gift under the terms of a will
A testamentary disposition is any gift of any property by a testator under the terms of a will. Types of testamentary dispositions include: Gift (law)
Testamentary_disposition
Topics referred to by the same term
Power of appointment, the legal ability of a testator to select another person to dispose of the testator's property Recess appointment, a method of filling
Appointment
Issue in inheritance law
(named for the RMS Titanic, which caused many simultaneous deaths among testators and executors). These clauses lay out explicit instructions for dealing
Simultaneous_death
South African legal case
Master, an important case in the South African law of succession, the testator had signed right at the bottom of the will; there was about 17 centimetres
Kidwell_v_The_Master
Form of testate partible inheritance
by will. The free estate, on the other hand, is at the discretion of a testator to be distributed by will on death to whomever he or she chooses. Takers
Forced_heirship
Public office
trustee, or for estates if either no executor is named by will or the testator elects to name the public trustee. The first public trustee is that of
Public_trustee
1852–1853 novel by Charles Dickens
Court of Chancery, Jarndyce and Jarndyce, which comes about because a testator has written several conflicting wills. In a preface to the 1853 first edition
Bleak_House
Pour-over will Cy-près doctrine Estate administration Estate planning Testator Probate Power of appointment Inheritance tax Related topics Advance directive
Trust law in civil law jurisdictions
Trust_law_in_civil_law_jurisdictions
Latin phrase; "on equal footing"
distribution. For example, suppose a testator had two children, A and B. A has two children, and B has three. If the testator leaves their entire estate to their
Pari_passu
Person appointed to manage an intestate person's estate
Pour-over will Cy-près doctrine Estate administration Estate planning Testator Probate Power of appointment Inheritance tax Related topics Advance directive
Administrator_of_an_estate
an English trusts law case, concerning the doctrine of secret trusts. A testator gave £12,000 in a codicil to five people on trust, saying they should invest
Blackwell_v_Blackwell
Concept in civil systems
whether of the kind above mentioned, or set apart as such by the deed of a testator, are intended for the mere support of the recipient, and are not attachable
Aliment
South African legal case
Barrow v The Master, an important case in South African succession law, the testator had convinced his son to leave his job and take over the management and
Barrow_v_The_Master
Proposed uniform law in the United States
Pour-over will Cy-près doctrine Estate administration Estate planning Testator Probate Power of appointment Inheritance tax Related topics Advance directive
Uniform_Power_of_Attorney_Act
Trust that comes into force after death
secret trusts are a class of trust defined as an arrangement between a testator and a trustee, made to come into force after death, that aims to benefit
Secret_trusts_in_English_law
Legal trust with no beneficiaries
cited example is Re Thompson [1934] 342 where a gift to a friend of the testator for the promotion and furthering of fox hunting was upheld. It has been
Purpose_trust
Rule within English trusts law
"Certainty of intention" means that it must be clear that the donor or testator wishes to create a trust; this is not dependent on any particular language
Three_certainties
either by means of: Statutory provisions or: A will which contains the testator's expressed will. The right of inheritance is usually governed by statutory
Inheritance_law_in_Bulgaria
public documents after they have been admitted to probate, and where the testator wishes to leave a legacy to (for example) a mistress or an illegitimate
Secret_trust
A missing heir is a person related to a decedent (dead person), or testator of a will, but whose residence, domicile, Post office, or other address is
Missing_heir
when the testator has made lifetime gifts to beneficiaries named in the will. Under the doctrine, a gift that the maker of the will (the testator) gives
Ademption_by_satisfaction
1889 New York state civil court case
1880. The defendant in the case was Elmer E. Palmer, grandson to the testator. The will gave small legacies to the plaintiffs, Mrs. Preston and Mrs.
Riggs_v._Palmer
Topics referred to by the same term
long weathering over carbonate bedrock Residue (law), portion of the testator's estate that is not specifically devised to someone in the will Residual
Residue
through the roots Used in wills to indicate that each "branch" of the testator's family should inherit equally. Contrasted with per capita. per unitatem
List_of_Latin_phrases_(P)
Administrator in estate law
referring to a person named by the maker of a will or nominated by the testator to carry out the instructions of the will. Typically, the executor is the
Executor
Ownership of property by two or more individuals
instrument of transfer of title, or by a testator in a will, or in an inter vivos trust deed. If a testator leaves property in a will to several beneficiaries
Concurrent_estate
American socialite (1871–1926)
Retrieved September 10, 2018. "MRS. OELRICHS LEFT OUT OF HER HUSBAND'S WILL Testator Says She Has a Fortune of Her Own. SON GETS PERSONAL EFFECTS The Fortune
Theresa_Fair_Oelrichs
Act of the Parliament of England
writing signed by the testator or someone in his presence and at his express direction, attested and subscribed in the testators presence by three of more
Statute_of_Frauds
The life tenant under a will is entitled to income earned after the testator's death, but it often takes some time to ascertain and settle all of those
Allhusen_v_Whittell
Venetian merchant, explorer, and writer (1254–1324)
it was validated by the then-relevant "signum manus" rule, by which the testator had only to touch the document to make it legally valid. Due to the Venetian
Marco_Polo
English trusts law case
(confusingly, also named Daniel Vautier) died in the testator's lifetime, but after the testator's death, Daniel Vautier's widow, Susannah, commenced a
Saunders_v_Vautier
British mining magnate and politician (1853–1902)
Added Some Chapters Describing the Political and Religious Ideas of the Testator . London: "Review of Reviews" Office. Roberts, Brian (1969). Cecil Rhodes
Cecil_Rhodes
but is limited (by the word "devise") to real estate. Furthermore, the testator intends for that very particular property and only that property to satisfy
Specific_devise
Legal rule prohibiting very long temporary interests in property
create restrictions over the future disposal of real property by the testator's son and heir, but not over the further disposal of that property by that
Rule_against_perpetuities
English law case
law case which established an example of proprietary estoppel at the testator's wish overturning his last Will and Testament; the case concerned land
Dillwyn_v_Llewelyn
Traditional rule of statutory interpretation in English law
secondary sources. In probate law, the rule is also favored because the testator is typically not around to indicate what interpretation of a will is appropriate
Plain_meaning_rule
Law regarding estate inheritance
The common law of succession applies to testate succession except if a testator, living under customary law prescribed otherwise in his or her will or
Law of succession in South Africa
Law_of_succession_in_South_Africa
allowed to testify against the others as to any oral statement by the testator, intestate or ward, unless that testimony to the oral statement is corroborated
Dead_Man's_Statute
Pour-over will Cy-près doctrine Estate administration Estate planning Testator Probate Power of appointment Inheritance tax Related topics Advance directive
Ancillary_administration
Trust in which the assets are controlled by a third party and not the beneficiary
Pour-over will Cy-près doctrine Estate administration Estate planning Testator Probate Power of appointment Inheritance tax Related topics Advance directive
Spendthrift_trust
writing by the witnesses within a specified amount of time after the testator's death. Some states also place limits on the types and value of property
Oral_will
South African legal case
Senekal v Meyer, an important case in South African succession law, the testator had a valid will. On it he had written the word “gekanselleer” (cancelled)
Senekal_v_Meyer
Act of the Parliament of the United Kingdom
will drawn up before 6 April but executed later (upon the death of the testator) will continue to be bound by prior rules. Sections 22 to 24 came into
Perpetuities and Accumulations Act 2009
Perpetuities_and_Accumulations_Act_2009
services Naicker had rendered. As per the ambition and intention of the Testator, the following institutions have been started and are functioning successfully
Chengalvaraya_Naicker
French civil code established in 1804
reform the divorce laws, to strengthen parental authority and increase the testator's freedom to dispose of the free portion of his estate. It was rejected
Napoleonic_Code
2nd century Roman senator and consul
in the other Spanish provinces. For some time, he was thought to be the testator of the Testamentum Dasumii. The grounds for this identification was first
Publius_Dasumius_Rusticus
Flat horse race in Britain
Chanticleer 1849: Glen Saddel 1850: Elthiron 1851: Elthiron 1852: Stilton 1853: Testator 1854: Itch 1855: John Dory 1856: The Assayer 1857: Gathercole 1858: Trip
Ayr_Gold_Cup
and testament. Named heirs can also be missing, or have predeceased the testator, leading to the need for probate research. In all these instances, professional
Probate_research
Person who entrusts their property for benefit of the beneficiary
trust is a testamentary trust, the settlor is usually referred to as the testator. The settlor may also be the trustee of the trust (where he declares that
Settlor
Person who can attest to the reality of a fact
sign their names to a will in order to verify that it was executed by the testator. In Canadian law, a credible witness to a Will means a witness who is not
Witness
In law regarding wills, it is a doctrine at common law which allows a testator, or a creator of a will, to dispose of assets in his estate in accordance
Incorporation_by_reference
Form of freehold land ownership
deeds usually follow a standardized form. There is a presumption that the testator intends to convey his or her property in fee simple unless the will indicates
Fee_simple
1981 United States Supreme Court case
conflict of laws case decided by the United States Supreme Court. The testator, Ralph Hague[citation needed], was a Wisconsin resident who worked in Minnesota
Allstate Insurance Co. v. Hague
Allstate_Insurance_Co._v._Hague
Former hospital in Cardiff, Wales
stone was laid on 7 August 1902 by the 4th Marquess of Bute, son of the testator. Named the Royal Hamadryad Hospital, the new building was opened by the
Royal_Hamadryad_Hospital
of exhibitioners to Brazen Nose College, in Oxford, founded by the said testator, and for other purposes therein mentioned;" and to enable the trustees
List of acts of the Parliament of Great Britain from 1795
List_of_acts_of_the_Parliament_of_Great_Britain_from_1795
American cavalry officer (1855–1928)
Retired Colonel to Receive About $1,000,000 Each. Annuities For Six Friends. Testator Was Nephew of Mrs. Russell Sage and Inherited a Fortune From His Father"
Herbert_Jermain_Slocum
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TESTATOR
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TESTATOR
TESTATOR
n.
A woman who makes and leaves a will at death; a female testator.
n.
The management and disposal, under legal authority, of the estate of an intestate, or of a testator having no competent executor.
n.
The omission by a testator of some one of his heirs who is entitled to a portion.
a.
Not yet fixed legally, or settled past alteration; alterable; as, the dispositions of a will are ambulatory until the death of the testator.
n.
The person appointed by a testator to execute his will, or to see its provisions carried into effect, after his decease.
n.
A testator; one who bequeaths a legacy.
n.
One who devises, or gives real estate by will; a testator; -- correlative to devisee.
n.
A man who manages or settles the estate of an intestate, or of a testator when there is no competent executor; one to whom the right of administration has been committed by competent authority.
n.
A man who makes and leaves a will, or testament, at death.
a.
Given by same testator to the same legatee; -- said of a legacy.
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