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Understanding Voluntas Testatoris Pro Lege Habetur: The Testator's Intent as Law
Definition & Meaning
The phrase "voluntas testatoris pro lege habetur" translates to "the will of the testator is regarded as the law of the case." This legal maxim emphasizes that the intentions expressed by a person in their will are treated as binding law for the distribution of their estate. Essentially, the testator's wishes take precedence over general legal rules, provided those wishes are clear and ascertainable from the will itself.
Table of content
Legal Use & context
This maxim is primarily used in estate planning and probate law. It is relevant in cases where the intentions of the deceased, or testator, are in question. Legal practitioners rely on this principle to interpret wills and ensure that the testator's wishes are honored, even if they deviate from standard legal practices. Users can manage aspects of estate planning through legal templates available from US Legal Forms, which are designed to help individuals draft their wills in accordance with their intentions.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A testator specifies in their will that one executor can act independently without the other. This provision would be upheld under the maxim, allowing for a smoother execution of the will despite the general rule requiring both executors to act together.
Example 2: A testator leaves a portion of their estate to a charity, which may not be the typical distribution pattern in their family. The court would respect this decision as the testator's clear intention, following the maxim.
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Wills must be signed by the testator and witnessed; oral wills may be recognized under specific circumstances.
Texas
Allows handwritten wills without witnesses, provided they are signed by the testator.
New York
Requires two witnesses for a valid will, emphasizing the need for clear intentions.
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
Testamentary Intent
The intention of the testator to create a will.
Voluntas testatoris focuses on the will as law, while testamentary intent is about the desire to create a will.
Probate
The legal process of validating a will.
Probate involves court proceedings, while voluntas testatoris is a principle guiding interpretation of wills.
Common misunderstandings
What to do if this term applies to you
If you are creating a will, ensure that your intentions are clearly stated to avoid confusion. Consider using legal form templates available through US Legal Forms to help draft your will accurately. If your situation is complex or involves disputes, it may be wise to consult a legal professional for personalized guidance.
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