How have the courts interpreted clause 3(a) in a will?
British Columbia, Canada
The following excerpt is from Dunn v. TD Canada Trust, 2017 BCCA 90 (CanLII):
As the judge stated, it is common ground that it is not necessary to go beyond the four corners of the will to interpret the meaning of clause 3(a). The testator’s intention can be determined solely from the wording employed read in the context of the whole of the will. For present purposes, it is then not necessary to give consideration to the circumstances prevailing at the time the will was made: Smith v. Smith Estate, 2010 BCCA 106 at paras. 18 and 28.
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