ABSTRACT
Intention is a pervasive concept in the law. Torts are traditionally divided into intentional and unintentional torts, although the meaning of the distinguishing characteristic requires some explanation. Property law, too, must concern itself with intention, although it is generally more involved with the rights and responsibilities of ownership. Intention is also an element in the acquisition of personal property by finding and of real property by adverse possession, but these involve relatively small amounts of property. Pretermission statutes are designed to carry out the testator's presumed intention by providing for a neglected spouse or child. Formal requirements are meant to ensure that intention properly expressed is given effect, but they may operate in some cases to defeat intention. The remedy most commonly proposed for the frustration of testamentary intent by failure to comply with the proper forms is simply to devolve upon legal decision-makers discretion to accept as wills documents that do not in fact comply with the statute.
