Maxim 5.7.23
The intention makes the wording of a will effective.
Voluntas facit quod in testamento scriptum valeat.
Source: D. 30, 1, 12; Jackson
Difficulty 2/5 — Approachable
Explanation
The testator's intent gives life to the words of his will — even imperfect expressions are upheld when the intent behind them can be clearly discerned.
Where this applies
- The will uses awkward phrasing but the testator's wishes are clear from context.
- Even though the words are imprecise, the intention behind the will is unmistakable.
Legal domains
Cite this maxim
NeCede Max. 5.7.23 — The intention makes the wording of a will effective. — D. 30, 1, 12; Jackson (Voluntas facit quod in testamento scriptum valeat.)
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