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NeCede's

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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