Legal Definitions - favor testamenti

FAVOR TESTAMENTI

Favor testamenti is a Latin term that means "in favor of the testament." It is a legal principle that states that a court should try to uphold the validity of a will.

Example 1: If a will is challenged in court, the judge will apply the principle of favor testamenti and try to find evidence that supports the validity of the will.

Example 2: A person may leave their entire estate to a charity in their will. If the person's family members challenge the will, the court will apply the principle of favor testamenti and try to uphold the person's wishes.

These examples illustrate how the principle of favor testamenti works in practice. When a will is challenged, the court will try to find evidence that supports the validity of the will. This is because the court assumes that the person who made the will had the capacity to do so and that their wishes should be respected. By upholding the validity of the will, the court ensures that the person's wishes are carried out as they intended.