What is the test for determining the intention of the testator in a will?
Yukon, Canada
The following excerpt is from Estate of Carey (Re), 2019 YKSC 33 (CanLII):
The Court in Herron Estate v. Herron, 2000 ABQB 417, explained the determination of the intention of the testator as follows: 11 …it is clear that the purpose of construing a will is to give effect to the intention of the testator as expressed in the wording of the will. Such intention must be determined from reading the whole will. Effect is given to the testator’s intention as ascertained from the express language used in the will.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is hardship a factor in determining a plaintiff's claim for a reduction in costs? (Yukon, Canada)
How has custody of a child been determined in a separation case? (Yukon, Canada)
How is access determined in the best interests of the child? (Yukon, Canada)
What is the legal test for determining whether a plaintiff has met the proper legal test? (Yukon, Canada)
What is the Anns test for determining whether a person owes a duty of care? (Yukon, Canada)
What is the proper procedure for determining whether an unequal division of family assets is appropriate? (Yukon, Canada)
What is the test for determining jurisdiction over an offence? (Yukon, Canada)
What is the "needs and means" factor in determining a property settlement? (Yukon, Canada)
Can a bankrupt sue for personal injury and then file for bankruptcy before the issue of court costs is resolved? (Yukon, Canada)
Is hardship a factor in determining a plaintiff's claim for a reduction in costs? (Yukon, Canada)
