Future Business Leaders of America (FBLA) Business Law Practice Exam

Who is a testator or testatrix?

1. A person who dies without a will

2. A person who creates a will (testator—male; testatrix—female)

3. A legal representative of an estate

4. A witness to the signing of a will

The correct answer is: A person who creates a will (testator—male; testatrix—female)

A testator or testatrix refers to an individual who creates a will. This terminology distinguishes between genders, with "testator" typically used for males and "testatrix" for females. The role of the testator/testatrix is crucial, as they are responsible for outlining how their estate will be managed and distributed after their death. This includes specifying beneficiaries and making final decisions about assets. A person who dies without a will is not a testator or testatrix; instead, they are referred to as intestate, and the distribution of their estate will be determined by the laws of intestacy in their jurisdiction. A legal representative of an estate, often called an executor (male) or executrix (female), takes on duties to carry out the instructions laid out in a will but does not create the will themselves. A witness to the signing of a will plays a crucial role in validating the will but is not involved in its creation. Therefore, the definition provided by option B accurately captures the essence of a testator or testatrix within the context of estate law.