Construing the will

Question 1

Which property passes under the will?

Answer 1

The property existing at time of death

Question 2

Who are the beneficiaries?

Answer 2

Those alive at the time of execution (unless contrary intention)

Question 3

Court will only rectify the will if:

Answer 3

• clerical error, or
• failure to understand testator’s instructions

Question 4

s.33 WA

Answer 4

If a gift is made to testator’s children/direct descendants, a substitution provision is implied, so that if the beneficiary dies before the testator, the gift doesn’t lapse, but instead passes to the beneficiary’s direct descendants (they split it in equal shares)