Legal Definitions - ut voluntas testatoris sortiatur effectum

Ut voluntas testatoris sortiatur effectum is a Latin legal principle that translates to "that the will of the testator may be effectuated." This fundamental concept underscores the paramount importance of honoring and carrying out the wishes expressed by a deceased person (the testator) in their last will and testament. The legal system strives to interpret and execute wills in a manner that ensures the testator's intentions are fulfilled, provided those intentions are lawful and clearly stated.

Here are some examples illustrating this principle:

• Specific Heirloom Bequest: Imagine a will that explicitly states, "My antique mahogany desk shall be given to my nephew, David."

  This illustrates ut voluntas testatoris sortiatur effectum because the executor of the will has a legal obligation to ensure that the specific desk, and not its monetary value or a different piece of furniture, is transferred directly to David, thereby fulfilling the testator's precise instruction.

• Charitable Donation: A testator's will directs that 25% of their residual estate (what remains after specific gifts and debts) be donated to a particular local food bank.

  The principle applies here as the executor must accurately calculate this percentage and ensure the funds are properly transferred to the specified food bank. The legal system upholds this directive to ensure the testator's charitable intent is fully realized.

• Conditional Inheritance: A will establishes a trust fund for a grandchild, stipulating that the funds are to be released only when the grandchild turns 21 years old and has completed a vocational training program.

  This demonstrates the principle because the trustee and the courts will work to uphold these conditions. The funds will be managed and disbursed exactly according to the testator's specific terms and timing, ensuring their desire for the grandchild's maturity and skill development is respected and carried out.