Legal Definitions - voluntas testatoris

Voluntas testatoris is a Latin phrase that translates to the intention of the testator. In the context of wills and estates, it refers to what a person who has created a will (the testator) truly wanted to happen with their property and assets after their death. When interpreting a will, courts often strive to understand and uphold this underlying intention, even if the language used in the will is somewhat ambiguous or unclear.

• Example 1: Resolving Ambiguity in a Will

  Imagine a will that states, "I leave my beloved painting to my nephew, John." However, the testator had two nephews named John, and also owned several paintings that could be considered "beloved." To determine the true meaning of this clause, a court would seek to understand the testator's voluntas testatoris. This might involve examining external evidence, such as notes the testator left, conversations they had with family members, or which nephew John had previously expressed interest in a particular painting. The goal is to identify which specific painting was intended for which specific nephew, reflecting the testator's actual wishes.

• Example 2: Adapting to Changed Circumstances

  Consider a will drafted many years ago that bequeaths "my entire collection of rare coins" to a specific museum. Over time, the testator sells some of the coins, acquires new ones, and perhaps even donates a portion of the collection to another institution before their death. When the will is probated, the court must determine the voluntas testatoris. Did the testator intend to give the museum only the coins they owned at the time the will was written, or did they intend to give whatever constituted their "entire collection of rare coins" at the time of their death? The court would likely interpret the will to reflect the testator's evolving intention regarding their collection, rather than strictly adhering to the exact inventory from decades prior.

• Example 3: Interpreting General Bequests

  Suppose a will states, "I give all my shares in Acme Corporation to my daughter, Lisa." Before the testator's death, Acme Corporation undergoes a corporate restructuring, and the testator's shares are converted into shares of a new holding company, Beta Holdings, which now owns Acme. A court would likely interpret the testator's voluntas testatoris as an intention to give Lisa the underlying investment or value represented by the original Acme shares, rather than strictly limiting the bequest to the specific Acme stock certificates that no longer exist. The court would recognize that the testator's true desire was to pass on that particular asset to their daughter, despite the change in its legal form.