Will Interpretations
Often a Will does not make sense on its face. Moreover, a Will can have competing provisions purporting to do different things with the same asset, or, practically speaking, has key provisions that cannot be carried out. In such situations, an estate trustee or executor can apply to the court to have the Will interpreted (though any party with a financial interest in an estate can apply to the court for its advice and direction in interpreting a Will). In the normal course, the estate trustee sets out the law and various options regarding the interpretation of the Will for the benefit of the court. The beneficiaries then try and persuade the court as to how the Will should be interpreted. Will interpretations are difficult and the law surrounding the proper interpretation of a Will or its provisions is often arcane. We can help.