Construction of general devise or bequest

A general gift in a will that describes the testator's property or assets without specifying them in detail will include any other property or assets that the testator had the power to give away unless the will indicates otherwise. This applies to both real estate (land and buildings) and personal property (money, belongings, etc.), and extends to any property that matches the description in the will.

Bequest or devise to attesting witness

If a person who witnesses the execution of a will is named as a beneficiary or recipient of some part of the will (such as receiving a specific item of property), that part of the will is considered void or invalid.

• this is unless there are at least two other witnesses who are not named as beneficiaries in the will

  • in such cases, the witness who is named as a beneficiary will still be allowed to testify and provide evidence about the execution of the will or its validity, but they will not be entitled to receive any benefits or gifts under the will.

Creditor as a witness

If a will charges a piece of real estate or personal property with a debt owed to a creditor, and that creditor (or the creditor's spouse) is one of the witnesses who signs the will, then that creditor can still be called a witness to prove the validity or invalidity of the will, even though they have a personal interest in the outcome.

A creditor (or their spouse) who has a debt charged against property in the will is to still be considered a valid witness, even though they could potentially benefit from the will. even though the creditor may have a financial interest in the will, they are still able to provide important testimony

Failed devise

If a will contains a provision to transfer real property to someone but that person dies before the testator, or if the provision is legally invalid, then unless the will says otherwise, that property will be transferred to whoever is named in the residuary clause of the will

• which is a clause that specifies how any property not specifically mentioned in the will should be distributed.

Death of devisee before testator dies

If a person is given a real property in a will, but they die before the person who wrote the will, and they have a children or descendants, then the property shall go to them

• this is true unless the will says otherwise.

Contract for which liable at time of death

If the testator had made a contract to sell any property (real or personal) but hadn't completed the sale before they died, their executors are considered trustees of that property to fulfill the contract.

The executors have the power to sell the property and use the proceeds as stated in the will, and hold the money for the benefit of the estate.

Sale of lands willed to be sold by executors

If a will instructs the executors to sell certain lands, and some of the executors refuse to take on this responsibility, any sales made by the executors who do accept the responsibility are still considered valid, as if all the executors had agreed to the sale.

Construction regarding leasehold estate

If someone creates a will and leaves a piece of land they own, the description of that land in the will also includes any leased properties that the person owns, as long as the description in the will could also describe a leased property. This is true even if the person only owns the property on lease and not as a freehold owner.

If the person creating the will has specified otherwise in the will, then this rule does not apply.

Construction regarding general device or bequest

If someone creates a will and leaves a general gift of their property to someone, the gift will also include any other property that the person has the power to give away through some other means, such as a trust or power of attorney. This is true even if the other property is not specifically mentioned in the will.

• However, if the person creating the will has specified otherwise in the will, then this rule does not apply.

NS WA s.12, 13, 24-26, 30, 32, 34