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Testator

Also known as: Will-Maker, Testatrix (female, archaic)

Definition

A testator is the person who creates and signs a will, deciding how their estate (money, property, and possessions) should be distributed after they die.

Choosing to become a testator is one of the most important decisions you can make, as you're taking control of what happens to everything you've worked for throughout your life.

What Does Testator Mean?

A testator is the person who creates a will. You become a testator the moment you validly sign your will setting out how you want your estate—your property, money, possessions, and other assets—to be distributed after your death. Historically, the feminine form "testatrix" was used for women making wills, but modern UK legal practice uses "testator" for people of all genders. The testator's rights and responsibilities are governed by the Wills Act 1837, which sets out the legal requirements for making a valid will in England and Wales.

To be a testator in the UK, you must be at least 18 years old (with limited exceptions for military personnel on active service or sailors at sea under Section 11 of the Wills Act 1837) and have testamentary capacity—the mental ability to understand what you're doing when making a will. Only the testator has the legal authority to create, change, or revoke their will. No one else, including family members or executors, can alter the testator's decisions. The testator must sign the will (or direct someone to sign on their behalf if physically unable) in the presence of two witnesses who also sign. Throughout their lifetime, a testator can update or completely revoke their will at any time, provided they retain mental capacity.

It's important to distinguish a testator from other roles in will-making. The testator is the person making the will, while the executor is the person chosen to carry out the testator's wishes after death, and beneficiaries are those who receive gifts from the estate. These roles are separate—you can be a testator of your own will, an executor of your parent's will, and a beneficiary in a friend's will, all at the same time. Once the testator dies, their role ends, and the executor's begins. Understanding this timing and these distinct responsibilities is crucial to navigating the will-making and probate process.

The testamentary capacity requirement means the testator must meet the test established in Banks v Goodfellow (1870), which requires understanding the nature of making a will, comprehending the extent of property being disposed of, appreciating claims that should be considered, and being free from any disorder of mind that would distort judgment. This legal standard protects vulnerable people while preserving testamentary freedom for those with capacity.

Common Questions

"Am I a testator if I've written a will but haven't had it witnessed yet?" No, not yet. You become a testator when you complete a valid will according to the Wills Act 1837 requirements, which includes proper witnessing. Until you sign the will in the presence of two witnesses who also sign, you haven't created a legally valid will, so you're not yet a testator.

"What's the difference between a testator and an executor?" The testator is the person who makes the will (you, if it's your will), while the executor is the person you choose to carry out your wishes after you die. The testator creates the instructions; the executor follows them. You can be a testator of your own will and an executor of someone else's will—these are separate roles.

"Can a testator change their will after they've signed it?" Yes, absolutely. A testator retains full authority to change, update, or completely revoke their will at any time during their lifetime, as long as they still have mental capacity. You can make changes through a codicil (formal amendment) or by creating an entirely new will that revokes the previous one. Many people update their wills multiple times as circumstances change.

Common Misconceptions

Myth: Once you're a testator and you've signed your will, you can't change it—you're stuck with your decisions.

Reality: A testator has complete authority to change, update, or entirely revoke their will at any time during their lifetime, provided they retain mental capacity. You can make changes through a formal amendment called a codicil, or by creating a completely new will that revokes the previous one. The testator's freedom to change their will is a fundamental principle of UK testamentary law. The formality of the will-signing ceremony makes it feel permanent, but "legally binding" means binding after the testator's death—not binding on the testator themselves during their lifetime.

Myth: The executor and the testator are the same thing—they're both just the person dealing with the will.

Reality: The testator and executor are completely different roles. The testator is the person who creates and signs the will during their lifetime—if it's your will, you are the testator. The executor is the person the testator chooses to carry out their wishes after the testator dies. The testator's role is active during their lifetime and ends at death; the executor's role begins at the testator's death. The confusion stems from the fact that both roles involve "executing"—the testator "executes" (signs) the will, while the executor "executes" (carries out) the will.

Understanding testator connects to these related concepts:

  • Will: The legal document the testator creates to specify how their estate should be distributed after death.
  • Executor: The person appointed by the testator to carry out the will's instructions after the testator's death.
  • Beneficiary: The individuals or organizations the testator names to receive gifts from their estate.
  • Testamentary Capacity: The legal standard of mental ability the testator must meet to make a valid will.
  • Mental Capacity: The broader legal concept encompassing testamentary capacity and other decision-making abilities.
  • Understanding UK Will Basics: Explores your role and responsibilities as a testator in the will-making process.
  • Legal Requirements for Valid Wills: Details the testator's obligations under the Wills Act 1837 to ensure your will is legally binding.
  • How to Sign Your Will Correctly: Walks through what you must do as testator during the signing ceremony to ensure legal compliance.
  • When and How to Update Your Will: Explains how testators can exercise their authority to change or revoke their wills as circumstances change.

Need Help with Your Will?

As a testator, you have complete control over your will—and the responsibility to get it right. WUHLD's guided platform walks you through every decision, ensuring you meet all legal requirements while expressing your wishes clearly.

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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.