Mens Testatoris In Testamentis Spectanda Est Law and Legal Definition

Mens Testatoris In Testamentis Spectanda Est is one of the leading rules in the construction of testamentary writing. It states that, in the construction of wills, the intention of the testator must be regarded. Writing in the deed are supposed to express the intention of the testator. Courts are generally bound to give effect to the intention of the testator. Where the deed is clearly expressed, the court will hold that the testator’s intention was that to which the expression was given. However, when a doubt arises as to the meaning of the terms, the testator’s presumed intention gathered from the rest of the deed will prevail over any other construction.