On occasion the intentions of the deceased person as expressed in his or her will are unclear. This may be a result of poor drafting or a change in circumstances following the signing of the will that was not contemplated by, or dealt with, in the will. In these circumstances, an estate trustee should apply to the court to provide guidance and to interpret the will. In interpreting the will, the objective of the court is to ascertain the stated or implied intention of the deceased respecting the disposition of his or her property.
The court must give consideration to the testator’s use of language in the will as well as all of the circumstances surrounding the deceased’s life, which may have impacted upon the type of disposition actually intended by him or her in the will.
How Can We Help You?
If you are an Estate Trustee (“Executor”) or have an interest in an estate and the will is unclear, we can help you by presenting to the interested people your position and to work to resolve any contentious issues or, if unable to reach such a resolution, to advocate your position to the Court.