legal maxim

The Latin maxim of Animo Testandi literally means “with an intention of making a will”. This maxim comes into play when there is a discussion on wills and their validity. It is a prerequisite for the formation of a will and in the absence of Animo Testandi no will can be made. It must be noted here that the use of this maxim is to understand the desires of the testator and act accordingly, just because there are witness who have seen the will come into existence or the signature of the testator on the will does not eliminate the factor of coercion or fraud.

Griffin and Amos v. Ferard

In this case the Court held that when the face value of a paper does not show it to be a will, it is important to prove Animo Testandi in such cases. The distinction between a will and a paper equivalent should be dealt with great care. In the case of a will, it is generally executed unless there is a conflict and only then the question of Animo Testandi is put up, while when dealt with a paper having the same power as a will, it is important to first prove Animo Testandi and then will be contents of that documents be executed.

Mt. Chunna Kunwar & Ors. v. Mt. Rasili Kunwar & Ors.

In this case, the Court held that it is very important to prove Animo Testandi in cases of oral will, whereas in written ones, once it has been signed, we can say that such will has been approved by the testator to be executed after his death.