What is meant by "testamentary intent"?

"Testamentary intent" refers to the clear intention of a testator to create a will and to distribute their estate according to specified wishes upon their death. This intent is a fundamental aspect of a valid will, as it demonstrates that the testator intended the document to serve as their last will and testament, thereby guiding the distribution of their property and assets after their passing. The presence of testamentary intent provides assurance that the testator’s wishes are being carried out, which is crucial for the probate process.

In the context chosen, the correct answer highlights the necessity for this intention in the formation of a legally binding will. In contrast, other options do not encapsulate this vital aspect. The intention to write a will is a starting point, but without the clear distribution plan that testamentary intent requires, merely having a will written down does not fulfill the necessary legal criteria. Modifying a will after death and the requirement of witnesses pertain to other aspects of will execution and validity, but they do not directly address testamentary intent. Thus, understanding this concept is essential for grasping how wills function within the law to ensure that a testator's desires are honored posthumously.