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NeCede's

Maxim 1.5.247

The intention of a testator has a broad and benignant interpretation.

Voluntas testatoris habet interpretationem latam et benignam.

Source: Jenk. Cent. 260; Jackson Difficulty 2/5 — Approachable

Explanation

Courts favor the testator's intent and construe wills liberally to give effect to his wishes — ambiguities are resolved in favor of carrying out the expressed purpose rather than defeating it.

Where this applies

  • A will is ambiguous and the court construes it to carry out the testator's apparent wishes.
  • Family members dispute a will and the court leans toward what the deceased most likely wanted.

Legal domains

Cite this maxim

NeCede Max. 1.5.247 — The intention of a testator has a broad and benignant interpretation. — Jenk. Cent. 260; Jackson (Voluntas testatoris habet interpretationem latam et benignam.)

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