Define: Cum Duo Inter Se Pugnantia Reperiun Tur In Testamento Ultimum Ratum Est

This Latin phrase translates to “When two conflicting provisions are found in a will, the last one is considered valid.” It is a legal principle that determines the validity of conflicting provisions in a will.

This principle applies when there are conflicting provisions in a will. If two provisions contradict each other, the last provision made by the testator will prevail and be considered valid.

In general, this principle is followed unless there is evidence of fraud, undue influence, or lack of testamentary capacity. If any of these factors are proven, a court may disregard the last provision and consider an earlier provision as valid.

In such cases, the court will interpret the will based on the testator’s intent and other relevant factors. The court may consider the order of provisions, the context of the will, and any external evidence to determine the last provision.

This principle is primarily associated with wills, but similar principles may apply to other legal documents. However, the specific application may vary depending on the jurisdiction and the nature of the document.

If you believe a will contains conflicting provisions, it is advisable to consult with an experienced estate planning attorney. They can review the will, assess the validity of the provisions, and guide you on the appropriate legal steps to take.

While this principle is generally followed, there may be exceptions depending on the jurisdiction and specific circumstances. For example, some jurisdictions may have specific laws or rules that modify or override this principle.

No, this principle only applies to conflicting provisions within a will. It does not invalidate the entire will unless there are other grounds for invalidation, such as lack of testamentary capacity or undue influence.

To avoid conflicting provisions in your will, it is crucial to work with an experienced estate planning attorney. They can help you draft a clear and comprehensive will that reflects your intentions and minimizes the chances of conflicting provisions. Regularly reviewing and updating your will can also help prevent any unintended conflicts.