Construction and Rules of Interpretation

Question 1

Date from which the will speaks

Answer 1

1. Property – ascertained at the date of death unless contrary intention i.e. “my” would mean that a gift is determined at the time of execution.
2. Collections – if capable of growing always determined by reference to the date of death unless contrary intention expressed (despite word “my”).
3. People – ascertained at the date of execution.
4. Gifts to a class – Where T doesn’t ascertain individuals, class-closing rules apply (class closes when first beneficiary in the class obtains a vested interest).

Note – if a codicil is executed people would be identified by reference to the codicil.

Question 2

When an asset i.e. land is charged, is a specific intention to pay debts from the residue sufficient to transfer the charge?

Answer 2

No

Question 3

When is extrinsic evidence allowed in relation to a will?

Answer 3

Parts of it are meaningless or language used is ambiguous but evidence cannot be used to contradict the will.

Question 4

Class-closing rules where contingency doesn’t apply

Answer 4

Class closes at death provided that there is at least one beneficiary that satisfies the definition.

Question 5

What is the effect of S33 WA?

Answer 5

Exception for wills – where T makes a gift to issue and B predeceases T, their issue can take by way of substitution.