单词 | Testamentary intention |
释义 | 立遺囑人遺願 The requisite intention to make a will, which involves the intention of making the particular document one signs one’s last will and testament to operate as provision for disposing of one’s property and other administrative arrangements to take effect on death. A document purporting to embody the testamentary intentions of a deceased person can, notwithstanding that it has not been executed in accordance with the specified formalities of signing and witnessing, be deemed to be duly executed if, upon application, the court is satisfied that there can be no reasonable doubt that the document embodies the testamentary intentions of the deceased person: Wills Ordinance (Cap 30) s 5(2). A valid will must embody the testamentary intention of the deceased, meaning that it must be testamentary, ambulatory and revocable and it must not take effect until death: Re Leung Wai Jing [2004] 1 HKC 453. An instrument cannot be a provable will unless the maker had an animus testandi, which means that the maker must intend that his document shall take effect as a revocable ambulatory disposition of his property which is to take effect on death. The document, in whatever form, must disclose the intention of the maker respecting the posthumous disposition of his property: Sherrin et al, Williams on Wills (8th Ed, 2002, Butterworths) ch 10 para [10.4]. Also known as ‘animus testandi’. See also ; Dispensing power; Formalities; Testamentary capacity. |
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