Maxim 5.7.2
In wills, the intention of the testator is more especially regarded.
In testamentis plenius testatoris intentionem scrutamur.
Source: 3 Bulst. 103; Broom, Max. 555; Jenk. Cent. 277; Co. Litt. 322; Weisman, 103e
Difficulty 1/5 — Foundational
Explanation
The cardinal rule of will construction is to give effect to the testator's intent — technicalities of form yield to the substance of his wishes.
Where this applies
- The will uses confusing language but it's clear what my grandfather meant.
- A will has a technical error but the testator's intent is obvious from context.
Topics
Legal domains
See also
- 5.7.3 We interpret the charters and deeds of laymen benignly, on account of their simplicity.
- 10.1.1 Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words.
Cite this maxim
NeCede Max. 5.7.2 — In wills, the intention of the testator is more especially regarded. — 3 Bulst. 103; Broom, Max. 555; Jenk. Cent. 277; Co. Litt. 322; Weisman, 103e (In testamentis plenius testatoris intentionem scrutamur.)
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