Distribution Under Ambiguous Disposition Provision In Will Made On A Per Stirpes Basis

A Last Will and Testament is an important document that, among other things, permits the smooth distribution of a person's estate after his or her death. It is, of course, strongly recommended that every adult should consider making a Will. For persons who die without making a Will or, in legal parlance, intestate, their assets are distributed pursuant to the Succession Law Reform Act. Under this statute, a distribution may be made in a manner that may have otherwise been intended by a deceased if a Will had been made. But sometimes Wills are not drafted with perfection, leaving a trustee with significant doubts about a testator's intent. In these circumstances, the trustee of a testator's estate will often seek direction from the court to help interpret the Will and its disposition.