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testator

English · tes-TAY-tor · Family and succession

Meaning. A person who makes a will (a woman was traditionally called a testatrix).

Under Section 59 of the Indian Succession Act, 1925, every person of sound mind who is not a minor may dispose of his or her property by will. The testator must sign or affix a mark to the will, and it must be attested by two or more witnesses, each of whom has seen the testator sign (s.63). These rules do not apply to Muslims, whose wills (wasiyat) may be oral and are limited to one-third of the estate unless the heirs consent.

The propounder of a will must prove due execution and that the testator had a sound disposing mind, and must remove any suspicious circumstances surrounding it. A testator may revoke or alter the will at any time before death.

Example

The testator signed the will in the presence of two attesting witnesses, as required by Section 63 of the Indian Succession Act.

In Indian law

  • Sections 2(h), 59 and 63, Indian Succession Act, 1925

See also

will · codicil · executor · wasiyat

Read more in the study notes

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