Voluntas Donatoris In Charta Doni Sui Manifeste Expressa Observetur Law and Legal Definition

For a will to be admitted to probate, it must be clear that the testator acted freely in expressing his or her testamentary intention. A will executed as a result of undue influence, fraud, or mistake can be declared completely or partially void in a probate proceeding.

The maxim voluntas donatoris in charta doni sui manifeste expressa observetur means the will of the donor which is clearly expressed in his deed of gift should be observed. The intention of the donor must be clearly expressed in the deed. The grantor of a will is at liberty to impose reasonable conditions in the grant. The conditions imposed must not be illegal. When the terms imposing conditions in the will is clear, intention is to be gathered from the writing of the grantor, and not from outside sources.