Interpretation of a Will

A will must be interpreted in gives effect to the testator's intent, the court may admit the following evidence:

  • evidence of the meaning, in either an ordinary or a specialized sense, of the words or phrases used in the will,

  • evidence as to the context of the testator's circumstances at the time of the making of the will

  • evidence of the testator's intent with regard to the matters referred to in the will

A will is to be interpreted as if it were made immediately prior to the death of the testator unless the court interprets the will as finding contrary intention

Where beneficiary dies before the testator

If a beneficial disposition in a will cannot take effect because the intended beneficiary dies prior to the testator, the disposition is to be distributed:

  1. to the alternate beneficiary, if listed

  2. if not listed, in the same manner, that it would have with an intestate will (descendants of the testator)

  3. if none of the above applies, to the surviving beneficiaries

  4. if still one of the above, then in accordance with Pt.3 of intestate will**include from later in the act

  • The only way that a gift is a void is if the court finds that the intention of the will is contrary to the gift. Otherwise, it must be enforced as stated

A portion of estate not disposed of in will

  • unless the court interprets the will as having contrary intentions, the executor appointed by the will

    • is a trustee of any property not disposed of in the will

    • holds that property in trust for the person or persons who are entitled if the testator has died intestate

Gift for Charitable Purpose

If the testator disposes of property, by a trust or outright gift

  • the gift is not rendered void because the non-charitable purpose is void for uncertainty or for some other reason, but in this case, the gift is effective only for the benefit of the charitable purpose, and

  • is effective for the benefits of both purposes if the non-charitable purpose is not void, and must be divided among the charitable ad non-charitable purposes according to the trustee's or executor's discretion unless the will directs otherwise

AB WSA s.26, 32, 35