Also known as: testator's intent · testators intent · testator intent · testator's intention · testamentary intent · intent of the testator
Written by attorneys · grounded in primary & secondary sources — see below
The intent that a document be operative as a will at the testator's death. Courts treat this intent as a threshold requirement for probate and place the burden of disproving it on will contestants once due execution is shown.
After Trevor Tate died, his niece petitioned for intestacy while his neighbor offered a signed document for probate. The neighbor introduced the will and testimony of the two witnesses who saw the signing. The court placed the burden on the neighbor to establish prima facie due execution before shifting the issue of testamentary intent to the contestant.
Tristan Thompson signed a document reciting that it was his last will and left everything to his girlfriend. The girlfriend offered the document for probate. Thompson's brother introduced testimony that the signing occurred only to induce the girlfriend to stay overnight and that Thompson never intended the paper to operate at death. The court admitted the extrinsic evidence and refused probate.
Select any source to read its text and confirm it supports the definition.
Tessa Takahashi's will created a park for white persons only and provided that the land would revert if the restriction failed. After her death the city sought to apply cy pres to integrate the park. The court examined the will language and surrounding circumstances to determine whether the racial limitation was an essential part of Takahashi's purpose.
Theresa Tucker left funds to a hospital on condition that the hospital remain segregated. When integration became legally required the hospital invoked the cy pres statute. The court reviewed the will to decide whether Tucker had manifested a general charitable intent that would allow modification or whether the gift must fail.
Talia Torres executed a will that referred to a memorandum for distribution of tangible personal property. After her death a later notebook entry listed an additional painting. The court examined whether Torres intended the notebook entry to operate as part of her testamentary scheme when she wrote it.
Tyler Taylor wrote a letter during a trip stating that if he did not return his ranch should go to a named friend. The letter was entirely in Taylor's handwriting and signed. After his death the friend offered the letter for probate. The court determined whether Taylor intended the letter to dispose of property at death.
The contestant of the will bears the burden of establishing lack of testamentary intent. The proponent must first establish due execution. Once that prima facie showing is made the burden shifts to the contestant on issues of intent.
Supporting sources
No. A document that on its face appears to be a will raises only a rebuttable presumption of testamentary intent. Extrinsic evidence is admissible to show the document was executed for a non-testamentary purpose and therefore is not effective as a will.
Supporting sources
Courts examine whether the writing was present at execution and whether the testator intended it to operate as part of the testamentary scheme. Conflicting witness testimony about physical placement and any statements made at signing are weighed to decide the issue.
Supporting sources
…have held that the fundamental purpose of these cy pres provisions is to allow the court to carry out the general charitable intent of the testator where this intent might otherwise be thwarted by the impossibility of the particular plan or scheme provided by the testator. Moss v. Youngblood , 187 Ga. 188, 200 S. E. 689 (1938). But…