Testator
Where a link is marked * or labelled Ad, it is a partner advertisement: we receive commission at no extra cost to you. Links without a * or Ad label earn us nothing. How we make money.
Last reviewed:
Definition: The person making a will (testatrix if female, historically). To be a valid testator you must be 18+ and have testamentary capacity.
Testamentary capacity is the legal test from Banks v Goodfellow (1870): you must understand the nature of making a will, the extent of your estate, the claims of those you might benefit, and have no disorder of the mind affecting these.
Capacity can fluctuate — a will signed during a lucid interval can be valid even if dementia is later diagnosed. Solicitors often obtain a contemporaneous medical opinion ('the golden rule') for elderly or vulnerable testators.
Primary source: moneyhelper.org.uk/family-and-care/death-and-bereavement/making-a-will