Legal Definitions - manifestation of intention

Manifestation of Intention refers to the clear, outward expression of a person's wishes, particularly concerning the distribution of their property and assets after their death (in the context of wills and estates). It means that a person's private thoughts, desires, or uncommunicated plans, no matter how strong, are not legally binding. For a will or any instruction related to an estate to be valid and enforceable, the individual must demonstrate their intentions through specific actions, statements, or written documents that can be observed and proven, rather than merely holding those intentions internally.

Here are some examples illustrating the manifestation of intention:

• Creating a Formal Will: Sarah decides she wants to leave her entire estate to her two children, equally. She consults with an attorney, drafts a detailed will outlining this distribution, signs it in the presence of two witnesses, and has the witnesses sign it as well. This formal document is then securely stored.

  Explanation: Sarah's internal desire to benefit her children is made legally effective through the external acts of drafting, signing, and having the will witnessed. These actions are the "manifestation of intention," transforming her private wish into a legally recognized directive.

• Amending a Will with a Codicil: Years after creating her initial will, John decides he wants to specifically bequeath his valuable coin collection to his nephew, David, a detail not included in his original document. He instructs his attorney to prepare a codicil (an amendment) to his will, clearly stating this new gift. John then signs this codicil with the required legal formalities, including witness signatures.

  Explanation: John's decision to give the coin collection to David was initially an internal thought. By drafting and formally executing the codicil, he provides a clear "manifestation of intention," making his specific wish for the coin collection legally binding.

• Revoking a Previous Will: Maria had a will prepared several years ago, but after significant life changes, she decides she no longer wants it to be valid. She physically tears the original signed will into pieces, stating aloud to her attorney that she intends to revoke it and will prepare a new one. The attorney notes this action.

  Explanation: Maria's internal decision to cancel her old will is made legally effective by her external actions: physically destroying the document and verbally declaring her intent to revoke it. These observable acts constitute the "manifestation of intention" to invalidate the previous will.