Will Interpretation

If there is ambiguity as to the intention behind a clause in a Will, the Courts will apply tests to the clause to decide how it should be interpreted. These tests will include considering:

• What is the ordinary meaning of the word or clause?
• What would the word or clause mean to an ordinary, reasonable person if they had the background knowledge available to the person making the Will at the time that it was made?

The law has a presumption that people generally do not intend to die intestate, or with a partial intestacy (that some parts of their estate may not be disposed of), but equally, the law provides that a gift which is made using language that is too vague cannot be ‘rescued’ by the executor simply choosing what the clause should mean.

Making an Application for Interpretation

Making an application for interpretation is one option available to executors and administrators where there is ambiguity as to how a word or clause should be interpreted. We can help in preparing this application and critically, advising you on what evidence the Court is likely to want and to give weight to.

There is also the option of seeking to agree unanimously with the beneficiaries as to how a clause should be treated, but there are certain conditions surrounding the beneficiaries which have to be met. We can advise you as to whether this is likely to be a viable option, and if so, we can help you request and obtain the agreement of the beneficiaries in order to protect your position as executor or administrator.

If you are a beneficiary in a Will and you feel that a gift or clause is not sufficiently clear, we can explore this with a view to representing you in communication with the executor/administrator, or in a Court application.