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Testatoris Ultima Voluntas Est Perimplenda Secundum Veram Intentionem Suam
Understanding Testatoris Ultima Voluntas Est Perimplenda Secundum Veram Intentionem Suam in Estate Law
Definition & Meaning
The phrase "the last will of a testator must be fulfilled according to their true intention" emphasizes that a person's final wishes, as expressed in their will, should be honored in a manner that reflects their genuine desires. This principle is rooted in the legal framework governing wills and estates, ensuring that the decisions made by individuals regarding their assets after death are respected and executed faithfully.
Table of content
Legal Use & context
This principle is primarily applied in the area of estate law, particularly in the administration of wills. It ensures that the intentions of the deceased, known as the testator, are carried out as specified in their will. This concept is crucial in civil law, especially when disputes arise over the interpretation of a will. Users can utilize legal templates from US Legal Forms to create or modify their wills to accurately reflect their intentions.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person writes a will stating that their estate should be divided equally among their three children. If one child is inadvertently omitted from the will, the court will strive to interpret the testator's true intention to ensure that all children are treated fairly. (hypothetical example)
Example 2: A testator specifies that their prized possession, a vintage car, should go to their best friend. If a dispute arises about the car's ownership, the court will look to the will to determine the testator's true intention regarding the car's distribution.
State-by-state differences
State
Key Differences
California
Allows holographic wills (handwritten) if signed by the testator.
Texas
Requires at least two witnesses for a valid will.
New York
Allows for a will to be valid if it is signed by the testator and witnessed, but also recognizes oral wills under certain conditions.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Testator
A person who creates a will.
The term refers specifically to the individual making the will, whereas the principle focuses on fulfilling their intentions.
Probate
The legal process of validating a will.
Probate is the procedure that follows the testator's death, while the principle of fulfilling intentions is about honoring the will's contents.
Common misunderstandings
What to do if this term applies to you
If you are drafting a will or are involved in the execution of a will, ensure that it clearly reflects your or the testator's true intentions. Consider using US Legal Forms to access templates that can help you create a legally binding document. If you encounter disputes or complexities, it may be wise to seek professional legal assistance.
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