New York State Private Investigator Practice Exam

Which of the following defines 'testator'?

1. A person who creates a trust

2. A person who has made a will

3. A person who acts as a legal guardian

4. A person who is an executor of an estate

The correct answer is: A person who has made a will

The term 'testator' specifically refers to an individual who has made a will. In legal terminology, a testator is the person whose wishes regarding the distribution of their property after death are outlined in the will they have created. This definition is important in estate law because it distinguishes the testator from other roles in the legal process surrounding estates, such as trustees, guardians, or executors. A trustee, for instance, is someone who holds and administers property or assets for the benefit of another, while a guardian is responsible for the care of a minor or an incapacitated person. An executor, on the other hand, is a person appointed by the testator to carry out the provisions of the will after the testator's death. Each of these roles is significant in estate planning and administration, but only the testator is directly associated with the creation of a will itself.