Inheritance, Trusts and Will Disputes

Dispute about the interpretation of a Will

 

On occasions the terms of a Will may be unclear and different interpretation may lead to different results. It may be that the description of an assets is ambiguous or too wide and that leads to uncertainty as to how the assets are to be dealt with under a Will and who should inherit it.

In these instances, it is possible to apply to the Court for a declaration on how the Will is to be interpreted.

The Court will typically look to discover what the testator’s intention was and if necessary, the Court can rely on external evidence to assist in that process.

Often cases such as these can arise in a farming context where it can be unclear if a gift of the farm is to include both the land and the farming business.