Interpretation of Testamentary Documents, 2nd edition

Using words to express intentions can be challenging, especially for inexperienced drafters of testamentary documents. Ambiguity can arise from, among other things, conflicting clauses, words with multiple meanings, mistaken inclusions or omissions, and changes in the testator’s circumstances. 

​This text discusses the role, process and rules of interpretation –commonly referred to as ‘construction’, given that it involves construing relevant language to ascertain testamentary wishes. It investigates matters of interpretation surrounding the property that is the subject of testamentary disposition. It discusses the interpretation of terms used in wills to describe beneficiaries, which often have prima facie meanings but are capable of alteration by the language and context. And it probes the various interpretational challenges surrounding the share (‘portion’) of an estate received by beneficiaries.

Features

• ​​Cited in superior court decisions 

• Provides expert guidance to understanding correctly the actual meaning of the words used by the testator  

• ​Assists with protecting the rights of beneficiaries by ensuring they receive what the testator intended through accurate interpretation​ 

Related Titles

• Dal Pont, ​​Law of Executors and Administrators​

• Dal Pont, Law of Succession, 3rd edition

• Dal Pont, Law of Charity, 3rd edition

• Neil & Sims, ​​Hutley's Australian Wills Precedents​, 11th edition