Wills, Estates & Probate

Testator

Also known as: testatrix, will-maker

In plain English

The person who makes a will. A woman who makes a will is traditionally called a 'testatrix', though 'will-maker' is now common for everyone.

What it means

A testator is the person who makes a valid will setting out how their property should be distributed after death. To make a valid will in any Australian state or territory, the testator must be at least 18 (with limited exceptions, such as being married or with court approval) and have testamentary capacity. The testator must sign the will, intending it to take effect as their will, usually in the presence of two witnesses. Modern Australian legislation increasingly uses the gender-neutral term 'will-maker'.

How it's used

As the testator, Margaret signed her will in front of two witnesses, leaving her home to her two children equally.

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