The Oklahoma Bar Journal November 2024

Given this tradition of testamen tary freedom, it should come as no surprise that Oklahomans enjoy a “nearly unrestricted right to dispose of their property as they please.” 5 The Restatement (Third) of Property further notes, “Law does not grant courts any general authority to question the wisdom, fairness, or reasonableness of the donor’s decisions about how to allocate his or her property.” 6 So, too, with Oklahoma. “The intention of the tes tator is controlling; when the Court construes a will, it must ascertain and give effect to the testator’s intent, unless the intent attempts to effect what the law forbids.” 7 The Oklahoma Supreme Court has often stated that it is, in fact, the “cardinal rule” in the construction of wills to ascertain and give effect to the intention of the testator. 8 Our Supreme Court has also variously described this duty as the “primary objective,” 9 “paramount” 10 and the “object and prime purpose” 11 of will construction. It has also been held that “all rules of construction are designed for this purpose [to deter mine and give effect to the intent of the testator], and all rules and presumptions are subordinate to the intent of the testator where that has been ascertained.” 12

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

NOVEMBER 2024 | 33

THE OKLAHOMA BAR JOURNAL