Written by attorneys · grounded in primary & secondary sources — see below
A person who executes a valid will. The term applies regardless of gender and encompasses anyone who dies leaving a will that disposes of property.
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Taliah Tang executed a will leaving her estate to her two living children but omitted her third child born after execution. After Taliah's death the omitted child claimed an intestate share. The court limited the omitted child's recovery to the portion of the estate devised to the then-living children under the will.
Theo Thomas signed a document reciting that it was his last will and left property to his girlfriend. Evidence showed he executed the paper only to induce her to remain in the relationship. The court held the instrument ineffective as a will because it was a sham created for a non-testamentary purpose.
Tonya Takahashi created a revocable trust during life and funded it with securities. Her will poured over the remainder of her estate into the same trust. The court treated Tonya as settlor of the trust for the portion she contributed both during life and by will.
Thaddeus Tran owned land in State B but lived in State A. His will devised the land to a charity. When a dispute arose over whether the devise violated a rule against perpetuities, the court weighed the purpose of each state's property rules and the parties' contacts to determine the state of most significant relationship.
Timothy Tang presented his signed will to a notary at the bank without speaking. He signed the notary journal and obtained the seal. The court held the silent presentation and journal signature satisfied the requirement that the testator acknowledge the will before an authorized individual.
Tracy Torres signed her will in one office while a witness signed in a separate office down the hall. The witness could not see or hear the signing and was outside Tracy's awareness. The court ruled the attestation defective because the witness did not sign in the testator's conscious presence.
Yes. Modern usage treats testator as gender-neutral and applies to any person who executes a valid will, regardless of sex. The older term testatrix is now considered archaic.
A testator dies leaving a valid will that disposes of property. An intestate decedent dies without a valid will, so property passes by statute rather than by will.
Yes. When a will disposes of only part of the estate, the decedent dies testate as to the property covered by the will and intestate as to the remainder.
…the doctrine was inapplicable because the park’s segregated, whites-only character was an essential and inseparable part of the testator’s plan. Since the “sole purpose” of the trust was thus in irreconcilable conflict with the constitutional mandate expressed in our opinion in Evans v. Newton , the trial court ruled that…