Maxim 1.5.164
Not what the testator wished, but what he said, is considered in construing a will.
Non quod voluit testator, sed quod dixit in testamento inspicitur.
Source: Jackson
Difficulty 1/5 — Foundational
Explanation
Courts construe wills by the words actually used, not by speculation about unexpressed intent — the written text governs over any alleged secret purpose.
Where this applies
- A will clearly states one thing but family members claim the testator really wanted something else.
- The written words of a will conflict with what relatives say the deceased intended.
Legal domains
Cite this maxim
NeCede Max. 1.5.164 — Not what the testator wished, but what he said, is considered in construing a will. — Jackson (Non quod voluit testator, sed quod dixit in testamento inspicitur.)
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