Interpreting a Will

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The importance of proper interpretation of Wills

There are times when executors come across clauses in Wills which are vague or which could be interpreted in more than one way. It is of course very important that these issues are resolved correctly to ensure that the Willmaker’s wishes are carried out.

It is also important because these types of issues can have major consequences for the beneficiaries, and could expose the executor to personal liability. Any time an executor has a concern about how to interpret a clause of a Will, legal advice should be sought.

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How we help you

We find that interpretation issues often relate to how gifts of property are made to beneficiaries, what interests are actually created by the Will, or how particular beneficiaries are identified in the Will.

Where necessary, the Supreme Court can resolve any interpretation queries, and resolve any interpretation disputes between the executor and a beneficiary.

Legal advice should always be sought on interpretation issues, as the interpretation rules (as developed by the Courts and set down in legislation) are complex.

We are pleased to be able to offer a range of fee options for clients, depending on their circumstances. These fee options can include “deferred” payment of fees and speculative (‘no win no fee’) arrangements.

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Plan your next move

If you need advice about interpreting a Will in Australia, please contact us now for your free no obligation 30-minutes appraisal.

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Don’t wait any longer to get the right advice

All of our lawyers are highly specialised and experienced in their area of law
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