If the intention of a testator in making a Will is not clear, it is often necessary to look to other evidence to determine the intention. The Supreme Court was asked to consider this in the Estate of Wright in 2016.
Mr Wright had two sons but one of his sons had two step children. His Will contained a testamentary trust and described the beneficiaries of that trust as “my son who shall be the primary beneficiary of that trust, his spouse, his children and grandchildren and their descendants living prior to the vesting date”.
The court was asked to consider whether the references to “descendants” and “children” in the Will should be rectified to make it clear that they include Mr Wright’s step grandchildren.
Evidence was presented to the Court about Mr Wright’s relationship with his grandchildren, including his step-grandchildren. In making the decision that Mr Wright intended to include his step-grandchildren as beneficiaries the Judge said:
“In my respectful view, the evidence in this case… makes it clear by application of the armchair principle that, in referring to either “descendants” or “children”, Mr Wright intended to include [his step-grandchildren].
He considered them to be an integral part of his extended family and, more importantly perhaps for present purposes, and integral part of his [son’s] family.”
This case emphasises the importance of being clear about your intentions and tight with language when making your Will. We recommend that you review your Will periodically and call to make an appointment to discuss if required.
