In the light of judicial pronouncements, discuss the following: It is to ascertain the intentions of the testator who constructed a will.

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2016
In the light of judicial pronouncements, discuss the following: It is to ascertain the intentions of the testator who constructed a will.

Answer & Explanation:

Like any other document, a will is subject to interpretation. The Supreme Court in Gnambal Ammal v. T. Raju Iyer held that the cardinal maxim to be observed in construing a Will is to endeavour to ascertain the intentions of the testator. This intention has to be primarily gathered from the document which is to be read as a whole without indulging in any conjecture or speculation as to what the testator would have done, if he had been better informed or better advised.

Topics: Succession Law

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