A hotchpot clause in a will that identifies specific advances by reference to a schedule will be construed as limited to those listed advances, and a vague or ambiguous description of a further class of advances may be discarded for uncertainty. An amended copy schedule signed by the testator in a manner consistent with the original schedule may constitute a valid alteration under s 32(2) of the Wills Act (WA). Where litigation over will construction is caused by the testator's ambiguous drafting, the executor's costs will be paid from the estate on an indemnity basis.
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