In creating a will, what does the term "testator" refer to?

The term "testator" specifically refers to the individual who creates and executes a will. This person is responsible for outlining their wishes concerning the distribution of their estate after death. The testator decides who will inherit their property and assets, names any guardians for minor children, and addresses other important issues related to their estate. Understanding the role of the testator is crucial in the context of wills and trusts, as it establishes who holds the authority to dictate the terms of the will and ensures that their final intentions are legally documented.

In contrast, the legal representative of the deceased would typically be an executor or personal representative, while the primary beneficiary is an individual or entity that is designated to receive assets from the estate. The attorney drafting the will is a professional who assists in creating the document but is not the testator themselves. Thus, recognizing the specific definition and role of the testator is fundamental in the study and practice of wills and trusts.