Contradictory bequests in Will

legal33

Registered User
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Hi,

In the Will the son has been left the house and all the contents.

The next line in the Will states that his sister has been left all the televisions, radios, phones, cameras and laptops in the house.

Both say they have been bequeathed the televisions and radios.

Who is right?

Thanks
 
Not a professional opinion but from memory one gets the things, and the other the value of the things, unless they can come to mutual agreement as to who gets what things and who gets the cash.
 
I would say the whole phrasing of the will would need to be considered. Usually the specific items are listed first then the “contents” rest of stuff is listed after. So this will may not have been drawn up by a solicitor which may make the wishes of the parent confusing.

So son had been left house and contents, which would include all the electronic.
The daughter has been left the electronics specifically.

Reading this both ways they both have been left the same item. So 50% each? I really don’t know the correct answer
 
Well then ask them. They would have made notes which should clarify the wishes of the parent
 
If the two lines were reversed would it be a little clearer??
My take is the sister has been left specific items from the house and the son has been left the house and the remaining contents
but would agree with Clamball that if the pair can't sort it out between themselves then off to the solicitor who wrote the will for clarity
 
Whichever way the Will was written, the way the Will shall be interpreted is guided by how the Courts will interpret its provisions.

The rule of the Court is to establish the intention of the Testator with regard to the entirety of the Will and its wording, which we have not had sight of.

The precise wording of the Will is crucial in this matter, as well as the entire content of the Will so as to establish the intention of the Testator.
 
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