Simple English definitions for legal terms
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Definition: Testamentary intent is a testator's intention that a particular document should function as their last will and testament. It is necessary for a will to be valid.
Example: If a person writes a document stating that it is their last will and testament, and they sign it in the presence of witnesses, it shows their testamentary intent. This means that they intended for that document to be their final will and testament, and for their property to be distributed according to its terms after their death.
Explanation: Testamentary intent is a crucial element in the creation of a valid will. It shows that the testator had the intention to create a will and that the document they created was meant to function as their last will and testament. Without testamentary intent, a document may not be considered a valid will, and the testator's property may be distributed according to the laws of intestacy.