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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