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

Construction method where reinforced concrete is used with concrete block and mortar to form an extremely strong building. Reinforced concrete construction is often used in conjunction ...

Conveyed by an executor. If the testator to a will does not expressly give the executor authority to convey the property, the probate court must authorize it. ...

Rating used by lenders and creditors to determine if a credit applicant should be granted credit. It depends on many factors such the applicant's job history, earnings, net worth, etc. Some ...

Last installment payment, substantially greater than the previous installment payments. The unpaid balance of a long-term loan is paid off in a lump sum at the end of the loan term. ...

Transactions taking place between individuals who are alive rather than when one of the parties is either dead (e.g., estate) or is contemplating death. For example, a deed may transfer ...

Classification of one's ownership rights in land. One way either buy the land and own all rights to it or lease it where one's rights are described in and limited by the lease agreement. ...

Permission to do something that differs from the basic zoning requirement. An example is a homeowner receiving special authorization to build a two-family house in a single family zoned ...

Market Analysis in the Real Estate Market is basically research done concerning specific properties in relation to the overall current climate of the real estate industry. A good ...

Doing business as, or DBA, means an official moniker for your enterprise or company. Regularly, a DBA is a state certificate serving as a registration name and issued under a ...

Popular Real Estate Questions