Definition of "Testator - testatrix"

The definition of a testator in real estate is an individual who makes or leaves a valid will detailing how their possessions are to be divided or distributed among their heirs. The testator can refer to anyone, regardless of whether the person is living or dead, so long as their will is valid.

The definition of the term “testator” implies that a testator is an individual, in this case, male, that completes a will that is valid at the time of his death. If the individual would not have terminated a will by his death, the individual is considered to have died intestate. As for the meaning of the word “testatrix”, this is simply the female version of the word, used when describing a woman who had completed and left a will by her death. As the social norm of distinguishing between these genders has become less critical in developing uni-sex/uni-gender representations of occupations such as “police officer” not “policeman”, the gender assigned terms had yet to be replaced by a uni-sex/uni-gender alternative.

Requirements of a testator - testatrix

While people use the term “testator” more commonly, regardless of the gender of the individual, there are specific requirements to be a testator/testatrix if the will is to remain valid after death.

For a will to be valid, the person making it must be of sound mind and multiple witnesses must be present when it is signed.  

  • Sound mind - a testator/testatrix must be in full capacity of their mental faculties at the time when they write the will. For this reason alone, some states demand multiple people be present when the testator signs the will, as witnesses.
  • Free-will - when a testator/testatrix is writing his/her, they can not, under any circumstances, be victims of coercion from other people that are blood-relations or not with them. If suspicions of persuasion, intimidation, or duress are discovered or if they are not making decisions of their own free will, a court may void the claim stated in the will entirely or in part.

The testator/testatrix’s desire to write a valid will is their right, and their right mustn’t be trifled with or taken away. In real estate, the presence of a will can make a big difference when it comes to possessions of a departed loved one, which is why creating a will is important and everyone should respect it.

Examples of a testator in real estate

Joan is an elderly woman in her mid-eighties. She’s lived a busy life, completing university and earning her master’s degree in applied mathematics. With an active, quick mind and surprisingly healthy body, it’s safe to say she’ll be around a while longer.

After a long career as a researcher at MIT, Joan has amassed a considerable amount of wealth. With two homes, a sizable stock portfolio of several index funds, and a very healthy bank account, Joan’s heirs are poised to become very well off (financially speaking) should anything happen to her.

However, when all seems to be going well, tragedy strikes. A routine mammogram reveals that Joan has breast cancer. As a level headed woman of science Joan does not fret unduly but rather sets about the task of putting her things in order, should the worst happen. She calls a notary and prepares to make her will.

After drawing up a plan on how to best distribute her belongings, Joan puts it in writing with the help of a lawyer. After gathering several close friends to serve as witnesses, Joan signs the will into effect, making herself the testator of the will.

In real estate, the testator is most often used to refer to a deceased individual who left behind an inheritance that is being sold or bought. In many cases, this involves a stipulation in the will by the testator that the property is sold and the proceeds distributed among those named in the will.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Waterproofing the joint of a roof. ...

Land expansion resembling a star. The starts center is the city, and major thoroughfares going away from the city are depicted. ...

Enclosed building that stores agricultural products (hay, livestock or farm equipment). ...

method of land description that identifies a parcel by specifying its shape and boundaries. ...

Possession and use of a property estate by virtue of a lease. There are four types of leasehold estates: estate for years, periodic tenancy, tenancy at will, and tenant at sufferance. ...

The land-to-building ratio is a means to calculate in percentage how much a structure occupies the total land parcel on which it is located. It is the total building area as a percentage of ...

Tax-free status given to certain nonprofit organizations and governmental entities. Churches, charities, and government buildings do not pay property tax because of their tax-free status. ...

A financial obligation comes in several ways. In general terms, the meaning of liability refers to the amount of money an individual or company owes to a lender. We define the party holding ...

Buying real property subject to risk. For the high risk undertaken, the expected return is higher. The investor may lose all of part of the initial investment. ...

Popular Real Estate Questions