Legal Definitions - tutor testamentarius

A tutor testamentarius refers to a guardian who has been formally appointed through a person's last will and testament. This individual is legally designated to assume responsibility for the care of a minor child or an incapacitated adult, or to manage assets for a beneficiary, upon the death of the person who created the will.

Here are some examples to illustrate this concept:

• Example 1: Guardianship for Minor Children

  A married couple with two young children drafts their will. In the document, they explicitly name the wife's sister and her husband as the tutor testamentarius for their children. They specify that if both parents were to pass away before the children reach adulthood, the sister and her husband would become the children's legal guardians, responsible for their upbringing and well-being.

  This example illustrates the term because the guardians are appointed directly within a will (a testament) to care for minor children, taking effect upon the parents' death.

• Example 2: Managing an Inheritance for a Minor

  A single parent with significant assets wants to ensure their 12-year-old child's inheritance is managed responsibly until the child reaches maturity. In their will, they appoint their trusted financial advisor as the tutor testamentarius specifically for the purpose of overseeing and managing the child's inherited funds and property until the child turns 18. The child's other parent is still alive and will retain custody, but the financial advisor will manage the assets as directed by the will.

  Here, the term applies to a guardian appointed by will specifically to manage a beneficiary's assets, demonstrating that a "tutor testamentarius" can have a financial management role rather than solely personal care.

• Example 3: Care for an Incapacitated Adult

  An elderly mother cares for her adult son who has severe cognitive disabilities and is legally deemed incapacitated. Concerned about her son's future, she includes a provision in her will appointing her daughter as the tutor testamentarius for her brother. This designation ensures that her daughter will assume legal responsibility for her brother's personal care and the management of his financial affairs after the mother's passing.

  This scenario shows the application of the term beyond minors, where a guardian is appointed through a will to care for an adult beneficiary who is legally incapacitated.