Who is a Testator
One who has died leaving a testament or will. The testator must satisfy requirements as defined under state law. For instance, a state may require that the testator be considered to be of sound mind when the will is made, must not be an infant, must not have been under duress when the will was made and must not have been in a state where he or she was deprived of his or her free will when the will was made.
The declaration should be relating to the testator’s property and the testator should intend to dispose off his property after his death. If the declaration is not to take effect or if the testator wanted to carry out the intention made in the declaration immediately, the instrument will not be a will, the will should be revocable during the lifetime of the testator. If the instrument is intended to come into effect with immediate effect and to be final and irrevocable, it will not be a will. The tests to ascertain whether the instrument is a will or not are (i) whether it makes a disposition of the testator’s property? and (ii) whether the disposition made by the instrument is intended to take effect immediately on execution or after the death of the testator?
Also See the Checklist of a will, Precautions in Drafting a will, Revocation of a will, How to write a will, What is a will