Irish Wills and Probate Law Update - Issue 22

The November edition of our Irish Wills and Probate Law Update is now live for online subscribers. Authored by Stephen Spierin and Brian Spierin, this update relates to the admissibility of extrinsic evidence in assisting in the construction of a will. An excerpt from a section on the rules of construction reads:

"In O'Connell v Bank of Ireland, Keane J observed that the general principle was and is that, in construing a will, the object of the court is to ascertain the expressed intention of the testator. The law, he noted, was thus stated by Simon LC in Perrin v Morgan[1943] AC 399 at p 406:-

‘... the fundamental rule in construing the language of a will is to put on the words used the meaning which, having regard to the terms of the will, the testator intended. The question is not, of course, what the testator meant to do when he made his will, but what the written words he uses mean in the particular case - what are the “expressed intentions” of the testator.’"


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