Testamentary Intent

Testamentary intent refers to the clear intention of a person (the testator) to create a will or make changes to an existing will regarding the distribution of their assets after their death. This concept is essential in probate law, as it helps determine whether a document serves as a valid will. Courts look for evidence of the testator's intent, often through the language used in the will and the circumstances surrounding its creation. Establishing testamentary intent ensures that a person's final wishes regarding their property and belongings are respected and fulfilled.