Also known as: testamentary intent
Written by attorneys · grounded in primary & secondary sources — see below
The present intention that a document operate as a disposition of property effective only upon the maker's death. This mental element must accompany execution for the instrument to qualify as a will rather than a sham or inter vivos arrangement.
Adrian Aguilar signed a document reciting that it was his last will and leaving his estate to his niece. After his death his brother petitioned for intestacy and introduced evidence that Adrian executed the paper only to persuade a creditor he was insolvent. The court placed the burden on the brother to prove lack of animus testandi and, finding the evidence sufficient, refused probate.
Anika Anand executed a formal document labeled her last will that left everything to her neighbor. After her death the neighbor offered it for probate. The decedent's son introduced letters showing Anand signed the paper solely to induce the neighbor to lend her money. The court held the extrinsic evidence rebutted any presumption of testamentary intent and denied probate.
Select any source to read its text and confirm it supports the definition.
Amber Alonzo wrote a handwritten letter to her cousin stating she wanted him to have her Montana cabin if anything happened to her. After her death the cousin offered the letter for probate. The court examined whether the letter expressed animus testandi and, after weighing the language and surrounding circumstances, admitted it as a holographic will.
Alan Ackerman conveyed land by deed to a city for a park open only to white persons. After his death heirs challenged the restriction. The court held the racial limitation rendered the charitable purpose unenforceable, causing the property to pass by resulting trust to the heirs.
Aisha Ahmed consulted an attorney about estate planning and later died. The government subpoenaed the attorney's notes. The court held that the notes could not be compelled because the client's communications remained protected after death.
The proponent must show the decedent intended the instrument to dispose of property only at death. A clear statement in the document itself creates a strong but rebuttable presumption. Extrinsic evidence may be considered to confirm or negate that intent.
Yes. When a document on its face appears to be a will, extrinsic evidence is admissible to prove it was executed for a non-testamentary purpose such as inducing another person to act. If the evidence is clear the instrument is a sham and is denied probate.
No. Language such as a condition tied to a voyage or other event does not automatically defeat intent. The court examines the entire writing and surrounding facts to decide whether the maker intended the document to operate at death.
The rule allows a court to overlook formal defects if clear and convincing evidence shows the decedent intended the document as a will. The focus remains on whether animus testandi existed, not on perfect compliance with execution formalities.
…he wrote the provision creating Baconsfield as a public park open only to the white race, he was not merely expressing his own testamentary intent, but was taking advantage of the special power Georgia had conferred by §§ 69-504 and 69-505 on testators seeking to establish racially segregated public parks. As Mr. Justice White…