Deaths before 1 January 1983

The general rule is that the court will determine the testator's (IHTM12001) intention only from the words of the Will itself. But, there are certain exceptions to this rule where extrinsic evidence of what the testator intended will be taken into account. These are:

where the surrounding circumstances are taken into account under what is sometimes called the ‘armchair rule’. The court has the right to ascertain all the facts known to the testator at the time they made the Will and so place itself in the testator's position at that time, if the words of the Will are not sufficient for its proper construction

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