Maxim 12.4.4
In doubtful cases, there is no presumption in favor of the will.
In dubiis, non praesumitur pro testamento.
Source: Cro. Car. 51; Weisman, 32b
Difficulty 2/5 — Approachable
Explanation
A testamentary instrument clouded by ambiguity is not presumed to speak — the burden falls on the proponent to demonstrate intent.
Where this applies
- A will is ambiguous and they're claiming a presumption in the will's favor.
- A doubtful testamentary instrument doesn't get the benefit of a presumption.
- The person pushing the will has to prove its meaning — there's no automatic presumption in their favor.
Legal domains
See also
Cite this maxim
NeCede Max. 12.4.4 — In doubtful cases, there is no presumption in favor of the will. — Cro. Car. 51; Weisman, 32b (In dubiis, non praesumitur pro testamento.)
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