ANIMUS TESTANDI Meaning and
Definition
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Animus testandi is a Latin term that refers to the intention or state of mind of an individual at the time of executing a will or testament. It is a fundamental concept in the field of wills and estates law that determines the validity and authenticity of a person's last testamentary wishes.
The term animus testandi can be translated as "the intention to make a will" or "the testamentary purpose." It signifies the mental capacity and intent of an individual to create a will, which reflects their final wishes and distribution of assets upon their death. The concept of animus testandi underscores the importance of mental competence and free will in the execution of a will, as it ensures that the testator's final wishes are respected and implemented.
To establish the presence of animus testandi, the testator must be of sound mind and have the legal capacity to make decisions. This implies that the individual understands the nature and consequences of creating a will, comprehends the extent and value of their assets, and appreciates who should rightfully inherit their estate. Furthermore, the individual must act voluntarily and without coercion or undue influence from others.
Validating animus testandi is crucial in upholding the testamentary validity of a will. If it is proven or reasonably suspected that a testator lacked the necessary animus testandi, the will may be subject to legal challenges and potential invalidation.
Etymology of ANIMUS TESTANDI
The word "animus testandi" has Latin origins. "Animus" translates to "mind" or "spirit", and "testandi" derives from the verb "testari", meaning "to testify" or "to bear witness". Thus, "animus testandi" can be understood as the "mind to testify" or the "intention to bear witness". In legal terminology, it refers to the mental capacity to make a will or testament.
