Legal Definitions - sententia voluntatis

Sententia voluntatis is a historical legal term that translates from Latin to mean the determination of the will.

In plain language, it refers to a clear, conscious, and firm decision or resolution made by an individual based on their own intent, desire, or volition. It signifies that a person has definitively decided on a particular course of action or outcome, stemming from their internal mental state and free choice.

• Example 1: Property Transfer

  Imagine an individual who, after much thought, decides to gift their antique car collection to a specific museum. This deliberate and firm choice to transfer ownership of the collection to the museum, rather than selling it or giving it to family, represents their sententia voluntatis. It is the determined intent of their will regarding the disposition of their property.

• Example 2: Contractual Agreement

  Consider a small business owner who, after reviewing multiple proposals, decides to enter into a long-term lease agreement for a new office space. The conscious and intentional act of choosing that specific property and committing to the lease terms, rather than continuing to search or choosing another option, is an expression of their sententia voluntatis. It reflects their firm determination to bind themselves to that particular contract.

• Example 3: Testamentary Intent

  An elderly person, of sound mind, carefully drafts their will, specifically outlining that a certain sum of money should be used to establish a scholarship fund in their name. This precise and intentional decision to allocate funds for this specific purpose, rather than leaving it to other beneficiaries or for general expenses, demonstrates their sententia voluntatis. It is the clear and determined will regarding how their assets should be distributed after their death.