Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Cum duo inter se pugnantia reperiuntur in testamento, ultimum ratum est
When two clauses in a will are found to be contradictory, the last in order prevails.
Cum in testamento ambigue aut etiam perperam scriptum, est benigne interpretari, et secundum id quod credible est cogitatum credendum est
When an ambiguous or even an erroneous expression occurs in a will, it should be construed liberally, and in accordance with the testator's probable meaning.
In contractibus, benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est
In contracts, the interpretation or construction should be liberal; in wills, more liberal; in restitutions, most liberal.
In dubiis non praesumitur pro testamento.
In doubtful cases, there is not presumption in favor of the will.
In testamentis plenius testatoris intentionem scrutamur.
In wills we examine the intention of the testator more fully.
In testamentis plenius voluntates testantium interpretantur.
In wills the intentions of the testators are more fully (or liberally) construed.
Interest reipublicae suprema hominum testaments rata haberi.
It is in the interest of the state that a person's last will should be held valid.
Intestatus decedit qui aut omnino testamentum non fecit aut non jure fecit, aut id quod fecerat ruptum irritumve factum est, aut nemo ex eo haeres exstitit
A person dies intestate who either has made no will at all or has not made it legally, or when the will that he had made has been annulled or become ineffectual, or when there is no living heir.
Mens testatoris in testamentis spectanda est
In wills, the intention of the testator is to be regarded.
Mystic testament
See mystic will under will.
Omne testamentum morte consummatum est
Every will is consummated by death.
Opinio quae favet testamento est tenenda
That opinion is to be followed which favors the will.
Quae in testamento ita runt scripta ut intelligi non possint, perinde sunt ac si scripta non essent
Things that are so written in a will that they cannot be understood are as if they had not been written.
Quum in testamento ambigue aut etiam perperam scriptum est, benigne interpretari et secundum id quod credible est cogitatum, credendum est
When in a will an ambiguous or even an erroneous expression occurs, it should be construed liberally and in accordance with what is thought the probable meaning (of the testator).
Si duo in testamento pugnantia reperientur, ultimum est ratum
If two conflicting provisions are found in a will, the latter is decisive.
Sola ac per se senectus donationem, testamentum aut transactionem non vitiat
Old age does not alone and of itself vitiate gift, will or transaction.
Testament
1.A will disposing (it personal property. Cf. DEVISE (4). 2. WILL (1).
Testamenta latissimam interpretationem habere debent
Wills ought to have the broadest interpretation.
Testamentary
adj 1 of or relating to a will or testament <testamentary intent>2 provided for or appointed by a will <testamentary guardian>.3.created by a will <testamentary gift>.
Testamentum est voluntatis nostrae justa sententia, de eo quod quis post mortem suam fieri velit
A testament is the just expression of our will concerning that which anyone wishes done after his death. ( Or, as Blackstone renders it, a testament is "the legal declaration of a man's intentions which he wills to be performed after his death." 2 BI. Com. 499.
Testamentum omne morte consummatum
Every will is completed by death.
Ubi pugnantia inter se in testamento juberentur, neutrum ratum est
when two directions conflicting with each other were given in a will neither is held valid
Voluntas facit guod in testamento scripture valeat
Tho will (of the tesator) gives validity to what is written in the will
administration cum testamento annexo
[Latin "with the will annexed"] An administration granted when a testator's will does not name any executor or when the executor named is incompetent to act, is deceased, or refuses to act. - Abbr. c.t.a. - Also termed administration with the will annexed.
administration de bonis non cum testamento annexe
An administration granted to settle the remainder of an estate not settled by a previous administrator or executor. 0 This type of administration arises when there is a will, as opposed to an administration de bonis non, which is granted when there is no will. - Abbr. d.b.n.c.t.a.
administrator cum testamento annexo
An administrator appointed by the court to carry out the provisions of a will when the testator has named no executor, or the executors named refuse, are incompetent to act, or have died before performing their duties. - Also termed administrator c.t.a.; administrator with the will annexed.
apertura testamenti
n. [latin "opening of the testament"] roman law. a procedure for proving a will by which the witnesses acknowledged their signatures and seal before a magistrate and the will was opened and publicly read.
closed testament
See mystic will under WILL.
cum testamento annexo
See administration cum testamento annexo under ADMINISTRATION.
de inofficioso testamento
[Latin] Hist. Concerning an inofficious or undutiful will. 0 This was a title of Roman law. See INOFFICIOSUS.
ex testamento
adv. [Latin] By, from, or under a will or testament <succession ex testamento is the mode of devolution that the property of deceased persons ought primarily to follow>. Cf. AB INTESTATO.
executor testamentarius
See executor a testatore constitutus under EXECUTOR.
favor testamenti
[Latin "(in) favor of the testament"] The principle that a court should attempt to uphold a will's validity.
hereditas testamentaria
Testamentary inheritance; succession to an estate under a decedent's will.
inofficious testament
Civil law. A will th:,; does not dispose of property to the testatui natural heirs; esp., a will that deprives tit' heirs of a portion of the estate to which fl--, are entitled by law. - Also termed inofficious will unofficious will.
last will and testament
A person's final will. See WILL.
letters testamentary
The instrument by which a probate court approves the appointment of an executor under a will and authorizes the executor to administer the estate. Cf. LETTERS OF ADMINISTRATION.
lex Furia testamentaria
n. [Latin] Roman law. A law prohibiting a testator from bequeathing more than 1,000 pounds of copper in weight or the equivalent. ( This was the first law restricting legacies.
military testament.
See soldier's will under WILL.
mutual testaments
See mutual wills under WILL.
mystic testament
See mystic will under WILL.
querela inofftciosi testaments
n. [Latin "a dispute of an undutiful will"] Roman law. An action allowing a descendant, ascendant, or sibling who was unjustly disinherited or passed over by a parent's will to have the will set aside as undutifully made.
secret testament
See mystic will under WILL.
testamentary POWER OF APPOINTMEN
See POWER OF appointmnt
testamentary capacity
The mental ability a person must have to prepare a valid will. ( This capacity is often described as the ability to recognize the natural objects of one's bounty, the nature and extent of one's estate, and the fact that one is making a plan to dispose of the estate after death. - Also termed disposing capacity.
testamentary class
See class (3)
testamentary gift
A gift made in a will.
testamentary guardian
See guardian
testamentary guardian.
A guardian appointed by a parent's will for the person and property of a child until the latter reaches the age of majority.2. Hist. A mesne lord who was entitled to treat an infant heir's lands for all practical purposes as the lord's own, enjoying fully their use and whatever profits they yielded. ( At the end of the guardianship, when the heir reached majority, no accounting was owed by the mesne lord.
testamentary heir
See HEIR