What is the testator’s intention when making a will and what is the legal test for paying the legacies in foreign currency?

Saskatchewan, Canada


The following excerpt is from Stillborn Estate (Re), 1965 CanLII 447 (SK QB):

In Saunders v. Drake, Hardwicke, L.C. stated that it was impossible for him to tell what was the testator’s intention but that he must make a construction from the words. In that case the testator, who lived in Jamaica, gave some of his legacies in sterling money, some legacies generally, and it was held that so far as the general legacies are concerned “the residence of the person devising must decide it.” Similarly, in Pierson v. Garnet, the master of the rolls held that wherever a will is made, the legacies must be paid in the currency of that country unless a contrary contention can be found.

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