Browne Jacobson
By Daniel Edwards
March 19th, 2025
On occasions a will may have been prepared in such a manner that it is not clear precisely what the testator intended. Competing interpretations can often lead to a dispute between parties…
How Do You Interpret a Will?
Interpreting a will typically involves examining the language used, considering the overall context and sometimes referencing external evidence and case law to ascertain the testator’s intentions. These disputes over intention and interpretation are often referred to as questions of ‘construction’ i.e. how the will should be ‘construed’.
What is a “Construction Claim” in the Context of Will?
A construction claim in the context of a will involves asking a court to interpret or clarify ambiguous terms in the will to determine the testator’s intentions. The starting point with any construction claim in relation to a will is to ascertain the intention of the testator. In a lot of cases that will be straightforward.
But how do you work out the intention of the testator when there is ambiguity in the language used in the will?
SEE ALSO:
“What happens when there is ambiguity in a will?”
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