Any ambiguous and unclear provisions in the will can lead to Will interpretation issues. Consulting an experienced Wills and Estate Lawyer is recommended if you suspect any interpretation issues are present in the Will.
Role of the Executor
If the provisions of the will lead to suspicion as to the Testator’s (person making the will) intentions, any of the beneficiaries may challenge the will. The beneficiary can also challenge a will if they are dissatisfied with the Executor’s (person administering the estate) will interpretation.
A will and its provisions may not be very clear. In certain circumstances, the will’s executor may be personally liable for an incorrect interpretation of the obscure provisions. The will executor needs to be very cautious when administering wills, where will interpretation issues are prevalent. Consulting an experienced Wills and Estate Lawyer is advisable in such a scenario to avoid unnecessary and costly estate litigation.
An Executor can make an application for will interpretation to the court under Ontario Rules of Civil Procedure. The application will allow the Executor to be protected under Section 63 of the Trustee Act as they will act as per the court order.
How We Can Help
It is recommended to discuss and understand your options with a knowledgeable and experienced Wills and Estate Lawyer. If you wish to discuss the will interpretation options or need representation for will interpretation disputes, please call us today. At Nanda & Associate Lawyers, our experienced Wills and Estate lawyers understand your specific circumstances and provide tailored and customized solutions for each of them.
Our Mississauga Wills and Estate Lawyers are available for a consultation. Feel comfortable interacting with our caring team who speak more than 15 languages like English, French, Spanish, Italian, Portuguese, Albanian, Hindi, Punjabi, Kannada, Telugu, Tamil, Bengali and much more.