Understanding Valeat Quantum Valere Potest: Its Legal Implications
Definition & Meaning
The term valeat quantum valere potest translates to "let it have effect to such extent as it can have effect." This legal maxim is often applied in various legal contexts, particularly in matters involving wills and contracts. It emphasizes the importance of honoring the intent of the parties involved, even if the full effect of their wishes cannot be realized. Courts generally strive to uphold the intent of a testator (the person who made the will) rather than invalidating it due to limitations in execution.
Legal Use & context
This maxim is commonly used in legal practice, especially in areas such as:
- Wills and Estates: Courts often apply this principle to ensure that a testator's wishes are respected as much as possible, even if some aspects cannot be fully executed.
- Contract Law: It can be relevant in situations where the full terms of a contract cannot be fulfilled, but the intent behind the contract should still be honored.
Users may find templates and forms on US Legal Forms that can help them navigate these situations effectively.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A testator leaves a will specifying that their estate should be divided equally among three children. However, due to a lack of assets, only two children can receive a share. The court will apply the maxim to ensure that the intent of the testator is honored as much as possible, allowing the two children to inherit their shares.
Example 2: A contract states that a service provider must deliver goods to a client by a specific date. If circumstances prevent full delivery, the court may still enforce the contract to the extent that partial delivery can be made, respecting the underlying intent of the agreement.