What is the test of construction in a will?

Saskatchewan, Canada


The following excerpt is from Klassen Estate v. Klassen et al., 1986 CanLII 3158 (SK QB):

Counsel for the applicants submits that in the particular circumstances of this will, consideration should be given to the rule of construction enunciated by Master of the Rolls in Re Harrison & Turner v. Helland, supra, at pp. 393-394: “There is one rule of construction, which to my mind is a golden rule, viz., that when a Testator has executed a will in solemn form you must assume that he did not intend to make it a solemn farce - that he did not intend to die intestate when he has gone through the form of making a will. You ought, if possible, to read the will so as to lead to a testacy, not an intestacy. This is a golden rule.”

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