Legal Definitions - favor testamenti

Favor testamenti is a Latin legal principle that translates to "in favor of the testament" or "in favor of the will." It dictates that courts should make every reasonable effort to interpret and uphold the validity of a will, rather than declaring it invalid. This principle reflects a respect for the deceased person's wishes and an understanding that minor imperfections or ambiguities should not automatically negate an entire estate plan.

• Example 1: Minor Technical Omission

  A will is presented to the court for probate. While reviewing the document, the court notices that one of the two required witnesses signed the will but inadvertently failed to include their full address, a minor procedural detail often requested but not always strictly mandated for validity in all jurisdictions. A distant relative, hoping to inherit under intestacy laws (rules for distributing property when there is no valid will), challenges the will's validity based on this omission.

  In this scenario, applying favor testamenti, the court would likely examine whether the core requirements for a valid will were met—such as the testator's signature, the presence of the correct number of witnesses, and their intent to witness. If these fundamental elements are clearly established, the court would likely overlook the missing address as a non-fatal technicality, thereby upholding the will and honoring the deceased's wishes.

• Example 2: Ambiguous Language Regarding a Beneficiary

  A will includes a clause stating, "I leave my entire collection of rare coins to my beloved nephew, John." The deceased, however, had two nephews named John: one who was a passionate coin collector and another who had no interest in coins. The two nephews dispute who should receive the collection.

  Rather than declaring the clause void due to ambiguity, favor testamenti would guide the court to look for additional evidence to clarify the testator's intent. This might involve reviewing the testator's personal correspondence, speaking with family members about the testator's relationship with each nephew, or examining previous gifts. The goal would be to interpret the ambiguous phrase in a way that gives effect to the testator's true wishes, thereby upholding that specific provision of the will.

• Example 3: Challenge to Testator's Mental Capacity

  A will is challenged by an estranged child who claims their parent lacked the mental capacity to create a valid will at the time it was signed, suggesting undue influence from another sibling. The evidence presented is conflicting: some witnesses testify that the parent was often confused, while others, including the drafting attorney and the witnesses to the will, state the parent was lucid and understood the nature of their assets and beneficiaries when the will was executed.

  In line with favor testamenti, the court would strive to find that the testator possessed the requisite capacity if there is substantial credible evidence supporting it. The court would carefully weigh all testimony, often giving significant weight to those present at the signing. Unless there is overwhelming evidence of incapacity or undue influence, the court's inclination, guided by this principle, would be to validate the will, respecting the testator's right to distribute their property as they chose.