Maxim 5.7.7
Things written in a will which cannot be understood are the same as if they had not been written at all.
Quae in testamento ita sunt scripta ut intelligi non possint, perinde sunt ac si scripta non essent.
Source: Dig. 50.17.73.3; Weisman, 103r
Difficulty 2/5 — Approachable
Explanation
Unintelligible provisions are struck as surplusage — the law will not guess at what cannot be deciphered.
Where this applies
- A clause in the will is written in such garbled language that no one can figure out what it means.
- Part of the will is illegible due to water damage — can the court guess what it said?
Legal domains
See also
Cite this maxim
NeCede Max. 5.7.7 — Things written in a will which cannot be understood are the same as if they had not been written at all. — Dig. 50.17.73.3; Weisman, 103r (Quae in testamento ita sunt scripta ut intelligi non possint, perinde sunt ac si scripta non essent.)
Found an error? Suggest a correction →