Rahil Arora & Vidushi Sehgal, Jindal Global Law School
ABSTRACT
The intent of the testator is the pillar upon which ‘Wills’ as testamentary instruments stand. Determining the same can sometimes be a strenuous task given the ambiguities of language and the presence of certain defects within the will. Over the years, courts have adopted various approaches while trying to ascertain the testator’s true intent. While historically the courts relied upon the 'plain meaning' appro’ch, the same was riddled with defects as it disregarded the varying e’periences of an individual's life that might reflect in their will. Further, e’trinsic evidence can play an important role in reconciling ambiguities and help shed light upon the intended meaning by allowing the court to step into the shoes of the testator. The process of interpretation must be undertaken carefully to bring forth the essence of the will and the same must be undertaken with reference to statutory laws and the various precedents set by the courts. Only when interpretation fails should the court delve into construction of wills which involves making certain generalized assumptions. Thus, it is proposed that liberal construction is adopted where meaning is attributed light of the circumstances rather than following normative approaches or rigid guidelines which may take away from the true meaning of the will.
