Meaning of words in a will – resolving differences in a farmland context

meaning of will, farm succession, farm inheritance, meaning of plant and equipmentThe meaning of words and phrases used by a willmaker when leaving a specific gift may adequately express their intentions, at least to them at the time.  However sometimes matters connected with the gift may arise down the track during administration of the estate.

These may generate uncertainty for executors as to the right course of action when distributing the estate to the beneficiaries according to the deceased’s will. In a recent Western Australian case1 the executors sought directions from the Court concerning the interpretation of a clause disposing of farmland.

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