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Wills

Testator

Also known as: Testatrix

The person who makes a Will. A female will-maker is traditionally called the testatrix.

What it means

The testator is the individual whose Will sets out how their estate is to be distributed. To make a valid Will the testator must be at least 18 (with limited court exceptions) and must have testamentary capacity — they must understand what a Will does, the extent of their assets, and who might reasonably expect to benefit. The testator also chooses the executor and the beneficiaries.

How it's used

The testator must sign the Will freely, without undue influence, and in the presence of two witnesses. Example: as testatrix, Margaret reads her Will carefully, confirms she understands it, and signs it while two neighbours watch and then sign as witnesses. If a person lacks capacity, a court may instead authorise a statutory will on their behalf.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

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