Define: Cum In Testamento Ambigue Ant Eti Am Perperam Scriptum Est Benigne Interpretari Et Secundum Id Quod Credi Bile Est Cogitatum Credendum Est

Cum In Testamento Ambigue Ant Eti Am Perperam Scriptum Est Benigne Interpretari Et Secundum Id Quod Credi Bile Est Cogitatum Credendum Est” is a Latin phrase that translates to “When a will is ambiguously or incorrectly written, it should be interpreted favorably and according to what is reasonably believed to have been intended.

This principle guides the interpretation of wills that contain ambiguous or incorrect language. It suggests that the court should interpret the will in a way that aligns with the testator’s probable intentions, rather than strictly adhering to the literal meaning of the words.

While this principle is commonly associated with wills, it can also be applied to other legal documents or contracts that suffer from ambiguity or errors. The goal is to ensure fairness and uphold the parties’ intended meaning.

When interpreting a document under this principle, the court will consider the surrounding circumstances, the testator’s known intentions, the language used, and any other relevant evidence that can shed light on the testator’s probable meaning.

No, this principle cannot override clear and unambiguous language in a will. It only applies when there is ambiguity or error in the document’s language.

To minimise the risk of ambiguity or error in a will, it is advisable to seek professional legal assistance when drafting the document. An experienced attorney can help ensure that the language is clear, unambiguous, and reflects the testator’s true intentions.

While this principle allows for a more flexible interpretation of ambiguous or incorrect language, it still requires that the interpretation align with what is reasonably believed to have been intended. It cannot be used to completely disregard the testator’s intentions or introduce new meanings that are not supported by the evidence.

The application of this principle may vary depending on the jurisdiction and the specific laws governing wills and interpretation. It is important to consult with a local attorney to understand how this principle is applied in your jurisdiction.

While this principle has been recognized and applied in many legal systems, it is not universally accepted. Different jurisdictions may have their own rules and principles for interpreting ambiguous or incorrect language in legal documents.