Will interpretation—evidence


Published by a ½Û×ÓÊÓƵ Private Client expert
Practice notes

Will interpretation—evidence


Published by a ½Û×ÓÊÓƵ Private Client expert

Practice notes
imgtext

In the normal course of events a Will passes through the probate process without difficulty. However, where there is confusion over the wording used in the Will the personal representatives (PRs) may anticipate that this confusion will lead to a dispute over the interpretation (or construction) of the Will, either in part or as a whole. Over many years and cases there have been some pointers as to how particular wording or phrases can be interpreted and this may assist the PRs seeking to obtain agreement from the relevant beneficiaries to avoid the matter necessarily proceeding to court.

Even where a Will poses an interpretation issue it is still open to the PRs to agree a course of action with all the beneficiaries, assuming they are all ascertained, of full age and mentally capable. If not, the PRs can take advantage of section 48 of the Administration of Justice Act 1985 (AJA 1985) by which they can apply to the High Court, producing the opinion of a barrister of at least ten years standing, to the effect that a particular construction of

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Probate definition
What does Probate mean?

The process of proving (ie establishing the validity of) a Will by the executor. Once the Will has been proved, the court will issue a grant of representation. The Scottish law equivalent is executry.

Read more readmore

Popular documents

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

If a grant of probate is limited until the original Will or a more authentic copy be proved and is for

If a grant of probate is limited until the original Will or a more authentic copy be proved and is for the use and benefit of a person, limited until further representation, can a purchaser rely on a transfer executed by the executor named in the grant?A grant of probate granted under the

When lodging a claim to propound a Will in solemn form, should the statement as to testamentary documents

When lodging a claim to propound a Will in solemn form, should the statement as to testamentary documents specifically refer to earlier Wills which predate a marriage (even though revoked on the marriage) and should the whole Will file be annexed to the statement or just the Will itself?Grant of

What is the definition of ‘intermeddling’ in an estate? Can an executor make a claim against the estate

What is the definition of ‘intermeddling’ in an estate? Can an executor make a claim against the estate for either proprietary estoppel or under the Inheritance (Provision for Family and Dependants) Act 1975 without renouncing their executorship? Can an executor, before the application for the