Will interpretation—property passing on death

Published by a ��Ӱ�� Private Client expert

Practice notes

Will interpretation—property passing on death

Published by a ��Ӱ�� Private Client expert

Practice notes

rules relating to the construction of Wills have developed over many years and those surrounding the interpretation of dispositions were quite unclear due to the differing rules relating to personalty and realty. This was changed by the statutory effect of the administration of Justice Act 1982 (AJA 1982). The case of Marley v Rawlings confirmed that the modern approach is to ascertain the testator’s intention from their words. While no longer as definitive as they were previously, many of the previous rules remain a helpful starting point.

On the basis of the caselaw in this area, practitioners are advised to use only precedents that are in common usage and not to depart from them without careful consideration.

References to property in a Will speak from the date of death

A reference to real and/or personal property (for a discussion of real and personal estate, see Practice Note: Devolution of assets and the need for a grant) in a Will speaks from the date of death, ie, as if the Will had been executed immediately before the

Jurisdiction(s):

United Kingdom

Key definition:

Rules definition

What does Rules mean?

The detailed provisions of a pension scheme.

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