What is the proper approach to the construction of a will?

The proper approach to the construction of a will is not easily determined. In Killam v. Killam, 2017 BCSC 175, Blok J. identified the two alternatives at para. 44: In their submissions both parties referred to two different approaches to the interpretation of wills, the “four corners” approach and the “armchair” approach, also called the “armchair rule”. The “four corners” approach to the interpretation of wills (or other instruments) means that the intention of the testator is to be taken from within the “four corners” of the document itself, at least in the first instance, and surrounding circumstances are not to be considered unless the intention of the testator cannot be ascertained from the language of the will alone. The “armchair” approach requires the court, at the outset, to place itself in the position of the testator at the time he or she wrote the will (that is, to sit in his or her “armchair”), and to consider the (then) surrounding circumstances and context in order to ascertain the subjective intentions of the testator. And at para. 47: The case authorities are not consistent in articulating the proper approach to be used. Some indicate that surrounding circumstances are not to be considered unless the testator’s intentions cannot be discerned from the will itself. Others indicate that surrounding circumstances are to be considered at the outset. I discuss these differing approaches under the headings that follow. After reviewing the authorities on the question, the court said at para. 56: The fact that our Court of Appeal has endorsed both approaches in different cases leaves the issue in an unsatisfactory state of uncertainty. Resort to other sources does not assist in resolving that uncertainty. And at para. 60, resolved the uncertainty in that case in this way: In light of this legal uncertainty I conclude that some combination of the two approaches is called for here. No matter which approach is favoured, the starting point for any analysis is the language of the will and, in this case, the first codicil as well. I therefore begin with an analysis of the language used in the will and I will then look to the surrounding circumstances existing at the time the testator made the will.