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May 1, 2012 · The testator/testatrix must be capable of understanding the nature of the act of making a will and its consequences. (i.e. the person understands what a will is, when it comes into effect, that it can be changed at a later date, the role of the executor, etc.) b) The testator/testatrix must be capable of understanding the extent of his/her estate.
- K.M. Kennedy
- 2012
Jun 19, 2021 · Each person has a very distinct role to play in the creation of a valid will. Of all of these roles, the testator, who is the person who creates the will, is the most important, because a will cannot exist without a testator. Jump ahead to these sections: Who’s Considered the Testator or Testatrix?
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Jan 9, 2024 · The testator in a will refers to the person who has written and executed the will. This individual is typically the one who owns the assets being distributed and wants to ensure that their wishes are legally binding. When the testator of a will dies, they are considered to have “died testate”, meaning, “died having a will”.
The definition of a testatrix is a woman who makes a will. Testatrix was a term used when testator referred to a man who made a will. Just as society now refers to all actors as actors rather than calling female actors actresses, it is now common to refer to all people who make wills as testators. BACK TO PROBATE ALBERTA GUIDE.
a testator’s actual intent and his attributed intent: ‘The donor’s intention is sometimes referred to in this restatement as the donor’s actual intention, in order to contrast it with the intention that is attributed to the donor by an applicable constructional preference or rule of construction.’ ”7 The famous case of Mahoney v.
The term “testator” comes from the Latin meaning “one who makes a will or one who bears witness”. Historically, a testator is male and a testatrix is female, though this distinction has fallen out of use in favour of an all-inclusive term. A testator must be of sound mind and at least eighteen years old.
Jul 19, 2023 · The wording of the intention of the testator is therefore going to be vital in future and an important aspect to discuss with the testator. If the testator wants to benefit a certain person or group that may on the face of it, seem to be discriminatory, it can be made clear what the intention of this bequest is and why it should not be seen as ...
