Interpretation of testamentary documents / G. E. Dal Pont.

Chatswood, N.S.W. : LexisNexis Butterworths, 2025.

2nd edition

202753

Wills -- Australia.

Part I: Principles

1. Nature of testamentary interpretation

2. Approaching the process of interpretation

3. Rules of interpretation ('construction')  --

Part II: Property

4. Scope of testamentary property

5. Identifying testamentary property

6. Interpreting terms relating to property  --

Part III: Persons

7. Interpreting gifts to persons by description

8. Class gifts  --

Part IV: Portions

9. Legacies

10. Gifts of income

11. Conditional testamentary gifts

12. Shared testamentary gifts

13. Absolute and limited interests

14. Vested and contingent testamentary gifts

15. Testamentary options

16. Personal representatives' powers

17. Residuary gifts

18. Failure of gift.

Using words to express intentions can be challenging, especially for inexperienced drafters of testamentary documents. Ambiguity can arise from, among other things, conflicting clauses, words with multiple meanings, mistaken inclusions or omissions, and changes in the testator's circumstances. ​This text discusses the role, process and rules of interpretation – commonly referred to as 'construction', given that it involves construing relevant language to ascertain testamentary wishes. It investigates matters of interpretation surrounding the property that is the subject of testamentary disposition. It discusses the interpretation of terms used in wills to describe beneficiaries, which often have prima facie meanings but are capable of alteration by the language and context. And it probes the various interpretational challenges surrounding the share ('portion') of an estate received by beneficiaries. Features: ​​Cited in superior court decisions; Provides expert guidance to understanding correctly the actual meaning of the words used by the testator; ​Assists with protecting the rights of beneficiaries by ensuring they receive what the testator intended through accurate interpretation​. - Publisher's website.

Includes bibliographical references and index.

9780409362787

lix, 457 pages ; 24 cm