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Testator (fem. testatrix) meaning

What does Testator (fem. testatrix) mean?
The person who makes and executes a will or codicil disposing of their estate on death. In practice, “testator” identifies the will‑maker in drafting, probate and estate administration, and in disputes concerning testamentary capacity, knowledge and approval, undue influence, proper execution and revocation. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. In England & Wales and Northern Ireland the term is used throughout the Wills Act 1837 and the Wills and Administration Proceedings (Northern Ireland) Order 1994 without a separate statutory definition. In Ireland, “testator” (including “testatrix”) is defined in the Succession Act 1965. Scots law uses the term descriptively alongside “will” or “testamentary writing”. Key features: the testator must have capacity and intention, and comply with the relevant formalities; they may appoint executors, make gifts and create testamentary trusts. After death, the estate is administered according to the testator’s last valid will, subject to any statutory family provision regimes. Jurisdictional note: age and execution requirements vary (for example, Scotland recognises testamentary capacity from age 12, whereas England & Wales, Northern Ireland and Ireland generally require 18, subject to limited exceptions). “Testatrix” is traditional; modern drafting typically uses the gender‑neutral “testator”.
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View the related Practice Notes about Testator (fem. testatrix)

PRACTICE NOTES
Private Client Glossary (England and Wales): Wills, Probate, Trusts, Capacity and UK Taxation

Private Client England & Wales glossary A Abatement When, after settling the deceased’s funeral costs, debts and liabilities, the remaining estate cannot satisfy all legacies in full, the gifts are reduced accordingly, unless the Will shows a different intention. In a solvent estate, the order for reduction appears in Part II of Schedule 1 to the Administration of Estates Act 1925. Refer to Practice Note: Payment of legacies. Accruals basis Where income is taxed on an accruals basis, it is attributed to a given tax year by reference to the number of days within that year during which the activity giving rise to the liability accrued. See Practice Note: What is the basis of income tax?. Accumulation and maintenance (A&M) trust A form of non‑interest in possession trust designed to benefit children and young people up to 25, which received favourable inheritance tax treatment between 1975 and 2006. See Practice Note: Accumulation and maintenance trusts—IHT [Archived]. Accredited Legal Representative (ALR) ...

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