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3. Testamentary Intent

This overview explores the fundamental concept of testamentary intent, emphasizing that the testator must intend for the executed instrument to serve as their last will. Referencing notable cases such as Price v. Huntsman and Shiels v. Shiels, we illustrate how courts interpret intent through the appearance and formality of documents. Additionally, we discuss the admissibility of evidence regarding intent, highlighting that if a document resembles a will, evidence of intent can be considered, whereas if it does not, such evidence is typically excluded.

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3. Testamentary Intent

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  1. 3. Testamentary Intent

  2. “Intent” not “in tent”

  3. Basic Concept • Testator must intend the very instrument the testator executes to be the will.

  4. Price v. Huntsman – p. 85 • A classic “letter” case.

  5. Shiels v. Shiels – p. 88 • A classic “initiation” case.

  6. Evidence of Intent • Looks like will – can bring in evidence to show no intent. • Does not look like will – cannot bring in evidence to show intent.

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