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the testator
noun
One who dies having made a legally valid will.
synonyms
Exact(60)
Generally, property given by testament cannot be tied up by the testator for an indefinite future.
Wills are effective upon the death of the testator and do not need to be probated.
"Assets get invested in bank stocks and other risky ventures, and the proceeds are not allocated as the testator intended".
In Anglo-American law the will remains revocable even if the testator has promised that he will not revoke it; but if he does, his estate will be treated as if the testator had lived up to his promise.
In many states of the United States a will is also revoked automatically if the testator marries after its execution.
The testator simply signs his name on the label, has two witnesses sign theirs, and the label is pasted and shellacked on to the record.
He must collect all debts due to the estate, as well as pay all those that are owed by the testator.
Unless the testator has given special powers to his executor, it may be necessary for the latter to observe cumbersome and expensive formalities in administration.
While the form required for a valid will varies from jurisdiction to jurisdiction, a few common principles are observable: in most civil-law jurisdictions and in some Anglo-American jurisdictions a document entirely in the writing of the testator (holograph, or handwritten document), signed and dated by the testator, will constitute a valid will.
A will may be considered invalid if, among other instances, the testator was mentally incapable of disposing of his property; if the will imposed unreasonable or cruel demands as a condition of inheritance; or if the testator did not have clear title to the bequeathed assets.
Public wills are either made orally before a public official, who records them, or set down in a document that the testator hands to the official with a declaration that it is his last will.
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