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The phrase "voluit sed non dixit" is a Latin legal maxim that translates to "the person willed but did not say." This concept is primarily used in legal contexts to interpret the intentions behind testamentary acts, such as wills and trusts. It acknowledges that a grantor or testator may have a specific intention that is not explicitly stated in their legal documents. As such, courts often rely on this maxim to determine what a person intended to convey, even if their words do not fully express that intention.
Table of content
Legal Use & context
This maxim is commonly invoked in various areas of law, particularly in estate planning and probate law. It is used by courts to interpret the intentions of individuals when their written documents are ambiguous or incomplete. Legal professionals may encounter this term when dealing with:
Wills and trusts
Contracts
Statutory interpretation
Users can utilize legal templates from US Legal Forms to create clear and effective testamentary documents that minimize ambiguity and potential disputes.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A testator writes a will that leaves their estate to "my children" but does not specify which children. In this case, if one child is estranged, the court may need to apply the maxim to determine the testator's true intent regarding their estate distribution.
Example 2: A contract states that a party "intends to deliver goods" but does not specify the delivery date. The court may interpret this intention using the maxim if a dispute arises over the timing of the delivery. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Application of Maxim
California
Widely accepted in probate cases to interpret wills.
New York
Used in contract disputes to clarify ambiguous terms.
Texas
Applied in both testamentary and contractual contexts.
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
Intent
The purpose or aim behind an action or document.
Intent refers to the overall purpose, while "voluit sed non dixit" specifically addresses unexpressed intentions.
Ambiguity
The quality of being open to more than one interpretation.
Ambiguity is a condition that may invoke the maxim, but the maxim provides a framework for resolving it.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where the maxim "voluit sed non dixit" may apply, consider the following steps:
Review the legal documents in question for any ambiguities.
Consult with a legal professional to interpret the intentions behind those documents.
Utilize US Legal Forms to access templates that can help clarify your intentions in future documents.
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