[Read this glossary entry on atharkhan.com](https://atharkhan.com/glossary/testator/) A **testator** is the person who makes a [[Will|will]]. The term can refer to someone who is still alive or to the deceased person whose will is being administered. It does not mean the executor who carries out the will's instructions. ## In California Family Law A will can address property at death and nominate an executor or a guardian. Calling someone a testator does not establish that a particular document is valid. California's will requirements include rules about signing and witnessing, with exceptions and alternative forms addressed by statute. [[Cal. Prob. Code § 6110|Probate Code section 6110]] sets out the ordinary written-will requirements. Divorce can affect a testator's existing estate plan. Under [[Cal. Prob. Code § 6122|Probate Code section 6122]], a dissolution or annulment after execution of a will generally revokes specified gifts, powers, and appointments involving the former spouse, unless the will expressly provides otherwise. It does not simply cancel the entire will. A legal separation that leaves the marriage intact is treated differently. ## Example Jordan makes a will naming a spouse as executor and leaving that spouse a gift. Jordan is the testator; the spouse is the nominated executor. If the marriage later ends in divorce, the effect on those provisions must be evaluated under the will and the applicable law. Jordan remains the testator even though the executor nomination or gift may no longer operate as originally written.