Who’s Considered the Testator or Testatrix?
Anyone who creates a will for himself (or herself) is a testator (or testatrix). These terms are just an old-fashioned way of distinguishing between a male and a female creator of a will. Nowadays, courts and lawyers usually refer to both as a “testator.”
Each state decides for itself who can have a will or who qualifies as a testator. Most states require only two things to qualify. You must be:
- At least 18 years of age
- Of “sound mind” or mentally competent
If you do not understand the basic legal consequence of signing a will to be the legal transfer of property upon death, then you may not have the mental capacity to be able to execute a valid will.
A Testator's Responsibility When Creating a Will
There is no will without a testator. To be a testator, you must assume a lot of responsibility. By doing so, you make things much easier on your family members, all of whom are likely grieving your loss as they try to settle your estate.
In this sense, you not only make a will for yourself — you make it for your family members as well. Sharing your property with your family is important, but sometimes the greater gift is sharing your intent. The best way to do this is to have a will.
The main job of a testator is to provide information to the court (and to your family) about what you would like them to do with your estate now that you are deceased. The whole point of having a will is to inform everyone what you want to happen to your property.
Be of “Sound Mind” or “Mentally Competent”
Most people have a general idea of what it means to be of “sound mind” or “mentally competent” but may have a difficult time explaining what it means. For purposes of being able to have a valid will, however, there is a precise legal definition of what that means.
Legally, being of sound mind or mentally competent to make a will requires that, at the time you sign your name on the will, you are able to know some specific things:
- Your property you own
- The natural objects of your bequest like "to whom you are giving" and "what are you giving to them"
However, as long as you are at least 18 years of age and understand what property you own, who your beneficiaries are, and the effect of what you are doing when you sign your will, then you are legally qualified to be a testator and have a will.
Know your property
To “know your property” means that you understand what property you own and have a legal right to give to someone else (a beneficiary) when you die. For example, suppose you own the typical things that most people own:
- A house
- A car
- Furniture
- Some personal property (like jewelry, books, or pictures)
- Money in a bank account
If you include these items in your will as the possessions that you want to give away when you die, then you demonstrate that you understand that these possessions belong to you and that you have a legal right to dispose of them in your will. You know your property.
Sometimes you can just say "all the property I own", without specifying the property, then leave it to the executor the arduous task of finding all your properties.
What does it mean “bequest"
A “bequest” is your legacy or what you leave to someone in your will when you die. To know the nature of your bequest means that you understand the consequences of what you are doing by signing your will.
You understand that by signing your will, you are bequeathing the property that you own to someone else who will take legal title and possession of that property when you die.