What is a testator?

Jul 16, 2021

Kiritsis Law Group 212 922 0005

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Generally, testaror refers to a male person (the feminine form is the testatrix) who makes a last will and  testament. In layman terms, a testator is the person who has made a will. In order for a will to be legally enforceable upon the testator’s death, it is a good idea that many precautions are taken, including (but not limited) to: (1) Meet the statutory execution requirements; (2) Avoid potential challenges do it's validity (i.e. testator mental defect); (3) Avoid violation of a major public policy (i. e. disinherit a spouse completely who is entitled to an elective share; (4) Avoid making changes to the will which may be construed as destruction of the will; (5) Arrange for proper safekeeping of the will. One of the benefits of a will, is that it often affords them with a greater opportunity to control distribution per their donatative intent. Also, a will could help a testator’s beneficiaries avoid costly court proceedings. However, there have been cases where poorly drafted wills have led to expensive, bitter and lengthy legal proceedings. 

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