A will is a legal document that outlines how a person’s assets will be distributed after their death. The person making the will is called a testator, and if it’s a woman, she’s referred to as a testatrix. A valid will must clearly identify the testator, revoke previous wills, and demonstrate the power to dispose of assets. It’s recommended to have a lawyer assist in the process to avoid common mistakes, such as choosing a beneficiary as a witness. The will should also clearly indicate one or more heirs and appoint an executor to manage the estate.
Getting financial and personal affairs in order often includes creating a will. The person making the will is known as the testator. Typically, a will indicates how the testator’s assets will be distributed and disposed of. A woman who leaves a valid will is referred to as a testatrix.
Used since the 15th century, the ending –trix creates a feminine noun corresponding to the masculine noun ending in –tor. By applying this rule, the aviator becomes an aviatrix, the legislator becomes a legislator, and so on. Over time, the feminine versions fell out of use and the masculine names came to mean both masculine and feminine.
Some legal documents continue to use the terms testatrix, executor, and heir when referring to women, but the words are rarely used. The term testatrix was widely used when it was unusual for women to own property. Since most women did not own property, they did not need to write a will detailing how to dispose of the property after their death.
There are several general requirements for a will to be valid. The testatrix must clearly identify herself and declare that she is making a will. This is usually done in the first few lines of the document and includes the words “last will and testament.” The will must also revoke all previous wills and codicils.
To dispose of the assets, the testatrix must demonstrate that she has the power to dispose of her assets and to do so voluntarily. The will must be signed and dated. The signatures of two witnesses are also often required. A holographic will – handwritten by the testator – is the only type that cannot require witnesses.
Generally, a valid will can be made without the help of a lawyer, but several pitfalls can be avoided by having a lawyer assist in the process. A common mistake is made in choosing witnesses: a beneficiary of a will cannot be a witness. Using someone who can benefit from the will as a witness can void the entire will.
One or more heirs must be clearly indicated in the will. It is also desirable that the testator appoint an executor. The choice of the executor guarantees that the estate is managed and arranged according to his instructions. The right executor and a clearly written will and testament will ensure that the wishes of him are legally carried out.
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