Unclear Wills in BC: How Courts Interpret a Confusing Will and Resolve Disputes

A well-drafted will clearly outlines the testator—or will-maker’s—final wishes and intentions, ideally leaving no room for uncertainty. However, informal wills written by the testator themselves or even a formal document prepared by a lawyer can still contain issues. Uncertainties in a will as small as a simple grammatical or typographical error can erupt into lengthy, heated estate disputes among beneficiaries. If ambiguities are present, they likely will not be uncovered until after the testator is deceased; many years can pass between a will’s creation and its execution, making it difficult to ascertain what exactly beneficiaries should expect to receive. When a will contains unclear language in British Columbia, courts may need to intervene to determine the testator’s intent and resolve conflicting interpretations.

Syntax, or the arrangement of words and phrases, is key to will construction. Even minor errors or inconsistencies can make it difficult, if not impossible, for an executor to carry out the will’s terms.

Some wills use wording that is too broad, leaving the contents open to multiple interpretations. For example, say a will states, “I leave my estate to my family.” On its own, this statement doesn’t elaborate on what counts as “family,” such as immediate family members or a broader group of relatives.

Conflicts within the will itself can lead to confusion. One clause might state that a specific property goes to a certain beneficiary only for another section to dictate that the entire estate should be divided equally among multiple individuals. If a residuary clause, which distributes the remainder of the estate, contradicts earlier bequests, it can create uncertainty about whether certain gifts remain valid.

The language used by a testator may be familiar to them, but that same verbiage could confuse beneficiaries later on. Issues can arise if the will-maker refers to a beneficiary using a nickname, or informal description, or fails to specify which account or property is being gifted. Problems also occur when a will-maker leaves an asset they no longer own at the time of their death. If a property was sold before the will-maker’s death but is supposed to be gifted to a beneficiary, it is unclear whether that beneficiary should receive an equivalent monetary gift or nothing at all.

A named beneficiary or executor may pass away before the testator. If no alternates are specified, disputes are likely to occur. For instance, if a will states, “I will leave my house to my brother, John,” but John passes away before the testator and no other alternate beneficiary is named to receive the house, what happens then?

In the event beneficiaries have a confusing will to settle, it’s possible to attempt a beneficiary agreement. This involves all beneficiaries agreeing on the ambiguous provision. However, reaching a consensus can be challenging, particularly if the issue within the will leads to unequal estate distribution. If beneficiaries cannot agree, the matter will need to be resolved in court.

Courts apply principles of will construction to determine a testator’s intent. This includes examining will language, considering surrounding circumstances, and distinguishing admissible and inadmissible evidence.

First, the court analyzes the will’s wording to see if fair and literal meaning can be applied. Rather than favouring one provision over another, the court attempts to find a way for them to coexist. If the wording is too ambiguous at face value, the court can legally make minor adjustments like ignoring, adding, or substituting words so long as the testator’s intent is clear apart from the will itself.

If reviewing wording alone fails to resolve the dispute, the court may examine external circumstances known to the testator at the time their will was drafted. This would involve factoring in key context like the testator’s job, financial situation, property ownership, and relationships. These efforts help clarify what the testator meant and are not used to introduce new intentions absent from the will. Factual details about the testator’s life are deemed admissible, while personal statements, notes, or instructions provided to a lawyer about the testator’s wishes are generally considered inadmissible to prevent external influences from overriding the will’s written terms.

Unsure how to interpret a will? You may need an experienced estate litigation lawyer to assist you through the process. Stephens & Holman can help contest wills that contain ambiguities or invalidities. Reach out to our office today to discuss your claim.