Construction of a will

The Golden Rule of construction of wills stipulates that a court should adopt a interpretation which will not lead to an intestacy or partial intestacy … The rationale behind the rule is simple. Where a person executes a will in solemn form, it must be assumed that he or she did not intend to die intestate … A court ‘never inclines towards intestacy, it is a dernier ressort in the construction of wills’: David Haines QC in Construction of Wills in Australia, (2007) at 3.3.


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