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NeCede's

Maxim 5.7.24

In testaments, the will of the testator should be liberally construed.

Source: Dig. 50, 17, 12; Broom, Max. 3d Lond. ed. 507; Weisman, 103g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Courts should give the broadest and most liberal reading to a testator's will, favoring validity over technicality, so that the testator's true wishes are carried out.

Where this applies

  • A testator's will uses clumsy language to describe a bequest, and the court reads it broadly to give effect to his obvious intent rather than void the gift on a technicality.
  • A will leaves property to my dear friend without specifying which friend, and the court examines the testator's life and relationships to honor his likely intent.
  • A grandmother's handwritten will contains misspellings and unclear grammar, but the court gives it a liberal construction to carry out her wishes rather than striking the bequests.

Legal domains

Cite this maxim

NeCede Max. 5.7.24 — In testaments, the will of the testator should be liberally construed. — Dig. 50, 17, 12; Broom, Max. 3d Lond. ed. 507; Weisman, 103g

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