Skip to content
NeCede's

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.)

Found an error? Suggest a correction →