KembaraXtra - Legal Terms - Intention of Testator
The intention of the testator refers to the meaning and effect that the person making a will intended their words to have. In will interpretation, the court's primary objective is to give effect to this intention as expressed in the language of the will, even if the outcome appears unusual or unfair.
Where the wording of a will is unclear or ambiguous, courts apply established rules of construction and may consider surrounding circumstances. However, they will not rewrite a will simply because the result seems unreasonable; respect for testamentary freedom is a core principle of succession law.