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s 46

Use of extrinsic evidence to clarify a will

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Part 4Construction of Wills

46 Use of extrinsic evidence to clarify a will

In proceedings to construe a will, evidence, including evidence of the testator's intention, is admissible to the extent that the language used in the will renders the will, or any part of the will – meaningless; or ambiguous on the face of the will; or ambiguous in the light of the surrounding circumstances.

Evidence of a testator's intention is not admissible to establish any of the circumstances referred to in subsection (1)(c).

Nothing in this section prevents evidence that is otherwise admissible at law from being admissible in proceedings to construe a will.

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