1987) (observing that will formalities serve "to provide a reliable source of the testator's intent
expressed under circumstances where the testator fully understands the significance and permanence of [his or her] statements").
As this case illustrates, that decision can ultimately result in the frustration of the testator's intent
, in addition to the payment of extensive attorney's fees--the precise results the testator sought to avoid in the first place.
Court-made Rules--How does this exception apply when a settlor's or testator's intent
conflicts with some court-made rule?
63) In unison, the Uniform Probate Code and the Restatement both opine that the American common law rule "defeats a testator's intent
for no sufficient reason.
While this provision may result in voluminous evidence being adduced, it will nonetheless greatly assist in determining a testator's intent
when it is in issue.
But that conclusion ignores both the facts of the case and settled Louisiana law requiring courts to respect both a donor and a testator's intent
, and, when that intent is in doubt, to make extra efforts to find out what that intent is.
10) Courts have deferred to a testator's or grantor's desires, and are reluctant to override a testator's intent
The document should, however, include the authority for the trustee to allocate available exemption to specific trusts, in accordance with the testator's intent
175) Ultimately, the sole question in an undue influence will challenge is simply whether the testator's intent
was displaced by a wrongdoer.
Yet, once we determine that a negative will implicitly extends to descendants of the disinherited heir, we have little reason to assume that the testator's intent
to disinherit an heir of the lower generation would depend on the survival Eel non of the disinherited heir in the higher generation.
It may happen that an event has the interesting, dual property of altering the testator's intent
while also depriving the testator of a realistic opportunity to revise his or her estate plan to reflect the change.