What is the test for determining the intention of the testator in a will?
Yukon, Canada
The following excerpt is from Estate of Carey (Re), 2019 YKSC 33 (CanLII):
The Court in Herron Estate v. Herron, 2000 ABQB 417, explained the determination of the intention of the testator as follows: 11 …it is clear that the purpose of construing a will is to give effect to the intention of the testator as expressed in the wording of the will. Such intention must be determined from reading the whole will. Effect is given to the testator’s intention as ascertained from the express language used in the will.
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