Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 41, 59), the Trustee Act (s. 86) and the court decisions cited below checked that day.
The goal: find what the will-maker actually meant, from the words they used and the circumstances the court may consider.
The limit: the court can resolve ambiguity, but it can’t invent a gift the will doesn’t contain.
How: the executor or a beneficiary can ask the court to interpret the will, often before distribution.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
When a will’s wording is unclear, for example “my house” when the person owned two, or a gift to “my nieces” where it isn’t clear whether that includes nieces by marriage, the executor can’t simply choose a meaning. BC courts interpret wills by looking for what the will-maker actually meant, using the words in the will and the circumstances they knew when they made it. If that fails, the court applies rules of construction that presume what the law thinks a will-maker would have intended. Courts strongly prefer a reading that disposes of the whole estate rather than leaving part of it undistributed. But there is a limit: the court can choose between possible meanings of the words used; it can’t add a gift that isn’t there. That is rectification, a different application with its own deadline.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts on applications to interpret wills; this guide is by Sundeep S. Grewal.
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How BC courts read an unclear will
The “golden rule” is that the court’s duty is “to discover the meaning of the words used by the testator, and, from them and from such surrounding circumstances as it is permissible in the particular case to take into account to ascertain his intention” (Lucas-Tooth v. Lucas-Tooth, [1921] 1 A.C. 594 (H.L.), cited in Brannan v. British Columbia (Public Trustee), 1991 CanLII 1622 (BC CA)).
- Interpretation looks for the will-maker’s actual intention.
- Construction applies the intention the law presumes, if the actual intention can’t be found (Re Eberwein Estate, 2012 BCSC 250).
- The presumption against intestacy: courts strongly avoid reading a will so that part of the estate passes as if there were no will.
- WESA rules: for example, a will is read as if made immediately before death for the property it covers (s. 41).
The BC Court of Appeal has drawn the line this way: “it is one thing to try to give effect to a testator’s intention where he has used an ambiguous word or phrase; it is entirely another thing to supply a missing bequest out of thin air” (Howell v. Howell Estate, 1999 BCCA 371 at para. 10).
Common unclear wording
| Wording | The question |
|---|---|
| “my house” | Which property, if there were two, or the house was sold and replaced? |
| “my children” or “my nieces and nephews” | Who is included: step-children, adopted children, in-laws? |
| “equally” or “per stirpes” | How the shares divide if someone has died: see per stirpes |
| “my bank accounts” | Does that include investments, or accounts opened later? |
How to get the court’s interpretation
- The executor asks for directions rather than guessing; an executor who distributes on a wrong reading can face claims. Executors can apply to the court for directions (Trustee Act s. 86, applied to personal representatives by WESA s. 143).
- Notice goes to everyone whose interests are affected.
- Evidence of the surrounding circumstances when the will was made.
- The court’s ruling binds the parties, and the executor distributes accordingly.
If the problem is a mistake in what the will says, rather than unclear words, see rectifying a mistake in a will, which has a 180-day deadline.
Mistakes I have seen
- An executor picking the reading that suits them, then distributing.
- Families arguing for years when a short court application would settle the meaning.
- Missing the 180-day rectification deadline while treating a drafting mistake as an interpretation question.
Frequently asked questions
Can a court declare part of a will void for uncertainty?
It can, but only rarely, and very rarely the whole will. The court will first try hard to find a meaning.
Who pays for an interpretation application?
Often the estate, where the problem comes from the will’s wording, but the court decides costs.
Can we just agree on a meaning?
If all beneficiaries are adults with capacity and agree, a written agreement is often possible. Where minors or others can’t consent, the court may need to decide.
What should I do right now?
Write down each possible reading of the unclear clause and who it affects, and hold off distributing that part of the estate.
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Sources
- Wills, Estates and Succession Act (ss. 41, 59, 143), BC Laws
- Lucas-Tooth v. Lucas-Tooth, [1921] 1 A.C. 594 (H.L.); Brannan v. British Columbia (Public Trustee), 1991 CanLII 1622 (BC CA); Howell v. Howell Estate, 1999 BCCA 371; Re Eberwein Estate, 2012 BCSC 250, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §8.21
This article is general information about BC law, not legal advice for your situation.