The (Literal) Death of the Author and the Silencing of the Testator’s Voice

Abstract

This essay considers the various legally recognized means by which an individual’s wishes can be frustrated by the subsequent acts of others under English law and seeks to identify, within such practice, a dishonoring of the voice of the testator. It looks first at the stringency of the formalities required to create a valid will, then goes on to consider the paradoxical approach of the courts to the interpretation of wills, whereby the intention of the testator is frequently acknowledged yet is abandoned in favor of an ostensibly textual analysis. The essay concludes by demonstrating the extent to which the testator’s wishes, even when clearly and validly expressed on the face of the will, can nevertheless be defeated by those whom the testator intended to benefit under the will and even by those whom he did not.