Also known as: testator's intention · intent of the testator · testamentary intention · testamentary intent
Written by attorneys · grounded in primary & secondary sources — see below
The purpose or desire of a person executing a will regarding the disposition of property at death, which courts ascertain from the language of the will and surrounding circumstances to give effect to the testator's wishes.
Imran Iyer signed a document labeled as his will and died shortly afterward. His niece petitioned for probate while his brother sought a declaration of intestacy. The court required the niece to present prima facie evidence that Imran intended the document to operate as a will before shifting any further burdens.
Ingrid Innes executed a document reciting that it was her last will and left her house to her boyfriend. Evidence showed she signed it only to persuade him to move in with her. The court admitted extrinsic proof that Ingrid lacked intent for the document to function as a will and denied probate.
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Idris Ives's will directed that certain items be distributed according to a notebook he kept. After his death his executor argued the notebook reflected Idris's intent and should control distribution. The court examined the notebook's contents and the circumstances of execution to decide whether it carried out Idris's testamentary plan.
Ines Ibarra's will directed that her residence be razed after her death. Her executor refused to carry out the direction because it violated public policy. The court refused to enforce the clause while still attempting to honor Ines's overall testamentary intent regarding her other property.
Ibrahim Iqbal's will left funds to a hospital on condition that the facility remain racially segregated. After the condition was held unconstitutional the court applied cy pres to determine whether Iqbal's broader charitable intent could still be fulfilled by redirecting the gift.
Ilana Isaacs's will created a trust for a park that could be used only by one race. When the restriction was invalidated the court examined whether Ilana's intent permitted application of cy pres or required the property to revert to her heirs.
Courts examine the language of the document together with extrinsic evidence of the circumstances surrounding its execution. When the document on its face appears testamentary, a rebuttable presumption of intent arises, but contestants may introduce evidence showing a collateral non-testamentary purpose.
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The proponent must establish prima facie proof of due execution, which includes showing that the testator intended the instrument to operate as a will. Once that showing is made, the burden shifts to contestants to prove lack of testamentary intent or other grounds for invalidity.
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A separate writing is integrated only if it was physically present at execution and the testator intended it to form part of the will. Conflicting witness testimony about placement and any statements made by the testator at the time of signing are decisive on the intent element.
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…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…