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.
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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