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intention of testator


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The meaning that a testator intends his will to have. In interpreting a will, the court seeks to give effect to the intention of the testator as expressed in the will, even if capricious or eccentric. If the intention of the testator is to be challenged, this can only be done by an application under the Inheritance (Provision for Family and Dependants) Act 1975 (see family provision). There are rules of construction to enable the testator's intention to be ascertained where it is not clear from the face of the will (see armchair principle; interpretation of wills).

Subjects: Law.


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