Interpretation of Unclear, Ambiguous or Vague Wills

When a person passes away, their Will is meant to clearly express how they want their estate to be distributed. However, sometimes the wording of a Will is unclear, ambiguous, or confusing. In these situations, courts in Queensland may apply a legal principle known as the armchair rule to determine the intention of the person who made it (‘the testator’).

The armchair rule allows a court to interpret a Will by putting itself in the position of the testator at the time it was written. The court looks at the circumstances that were known to the testator, such as their personal relationships, their assets, and their general life situation.

This approach helps the court understand what the words in the Will were likely meant to convey, rather than focusing only on their dictionary definitions. The purpose is not to rewrite the Will, but to give effect to the testator’s true intentions.

The armchair rule is usually applied when:

– The Will contains vague or inconsistent terms;

– There is more than one possible interpretation of a word or phrase;

– The identity of a beneficiary or item of property is unclear; or

– A relationship or asset mentioned in the Will has changed since it was written.

For example, if the Will refers to “my house” and the testator owned multiple houses, the court may consider what property the testator commonly referred to as “my house” when the Will was made.

In doing so, the court may look at:

– The testator’s family relationships and friendships;

– The nature and location of the testator’s property;

– Any personal circumstances known to the testator at the time; and

– Letters or notes that provide context to the Will (although these cannot override it).

The court will not usually accept evidence of what the testator said they meant, unless the wording is clearly uncertain.

If a Will is unclear, the armchair rule allows the court to interpret it fairly and in line with the testator’s likely wishes. It is one more reason why Wills should be drafted carefully, with professional legal advice.

Noah Smith, Law Student and Paralegal at Zande Law Solicitors, Suite 9, Norwinn Centre, 15 Discovery Drive, North Lakes, is the author of this article, training in the area of Wills and Estates.

The information in this article is merely a guide and is not a full explanation of the law. This firm cannot take responsibility for any action readers take based on this information. When making decisions that could affect your legal rights, please contact us for professional advice.

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