How has the court interpreted the "necessary implication" doctrine in adding words in a will?
Alberta, Canada
The following excerpt is from Omilusik Estate (Re), 1988 CanLII 3534 (AB QB):
The court has in some cases added words by the use of a “necessary implication” doctrine: Re Smith; Veasey v. Smith, [1948] Ch. 49, [1947] 2 All E.R. 708. In Jarman on Wills, 8th ed., vol. 1, p. 592, the doctrine is discussed: Where it is clear on the face of a will that the testator has not accurately or completely expressed his meaning by the words he has used, and it is also clear what are the words which he has omitted, those words may be supplied in order to effectuate the intention, as collected from the context.
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