Recorded Interactive Webinar: When the Will Isn’t Clear: Construing Ambiguous or Defective Clauses

Ambiguity in wills is nothing new, particularly in documents drafted decades ago or before major changes in family circumstances. Disputes often arise over whether the will truly reflects the testator’s intentions or simply what the words on the page convey. Too often, well-meaning practitioners “fill in the gaps” based on what they think the will should have said, rather than applying the proper rules of construction. This session explores how to navigate these tricky situations and avoid costly or absurd outcomes, including:

• Applying the established principles of will construction to de-identified, real-world examples from practice
• Recognising the consequences of poor or incomplete drafting, illustrated through notable cases and cautionary examples
• Using precedent clauses safely, including terms to avoid, matters to clarify, and steps to verify instructions and asset ownership
• Knowing when and how to brief Counsel for advice on interpreting the will and related documents
• Identifying and gathering relevant extrinsic evidence to clarify testamentary intent without overstepping the limits imposed by the law
• Managing disputes over will construction strategically, including negotiation approaches and when to proceed to court for directions