The mental state or animus testandi required for a valid will, demonstrating that the testator intended the document to serve as their will—their final statement on how property should be distributed at death. The testator must intend the specific document to have legal effect upon their death.
Testamentary intent means you actually meant for the document to be your will when you signed it. You weren't just writing notes, making a draft, or signing under duress—you genuinely intended this to be your final wishes about who gets your stuff when you die.
⏱ When you'll encounter this term
- Will contests questioning document validity
- Determining if a draft becomes a valid will
- Cases where multiple documents exist
- Proving or disproving will authenticity
"Dad's desk had two documents—one labeled 'DRAFT—for discussion' and one that said 'Last Will and Testament.' The court found testamentary intent only for the second document. The draft was clearly not intended to be his final will."
⚖️ Compare: Testamentary Intent vs Testamentary Capacity
The intention requirement. Did they mean this to be their will? About mental purpose and desire.
The competence requirement. Were they mentally capable? About mental ability and understanding.
💡 Did you know?
Testamentary intent can be undermined by fraud, undue influence, or duress. Even if someone signs a properly formatted will, if they were forced to do so or tricked about its contents, they lacked true testamentary intent and the will can be invalidated.