The testator is the person who makes a will. If you're making a will, you're the testator. The female equivalent (testatrix) is now rarely used - "testator" applies to everyone. See our will writing glossary for more terms.
Requirements to be a testator
To make a valid will as a testator, you must meet certain legal requirements:
- Be at least 18 years old (with some exceptions for members of the armed forces)
- Have "testamentary capacity" - you must understand what making a will means, know roughly what you own, and understand who might expect to benefit from your estate
- Act of your own free will - without undue influence or coercion from others
- Know and approve the contents of your will
The testator's responsibilities
As testator, you should:
- Provide accurate information about your wishes, assets, and beneficiaries
- Ensure the will is properly signed and witnessed
- Store the will safely and tell executors where it is
- Review and update your will when circumstances change
The testator's freedom
In England and Wales, testators have significant freedom to leave their estate to whoever they choose. Unlike many other countries, there are no "forced heirship" rules requiring you to leave specific amounts to family members. However, certain dependants may be able to challenge a will if they haven't been adequately provided for.
What happens after the testator dies?
After death, the testator's will is read and the estate is administered according to its instructions. The executors named in the will are responsible for carrying out the testator's wishes.