{"id":2371,"date":"2026-11-12T03:05:41","date_gmt":"2026-11-12T03:05:41","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/unclear-will-interpretation-bc\/"},"modified":"2026-11-12T03:05:41","modified_gmt":"2026-11-12T03:05:41","slug":"unclear-will-interpretation-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/unclear-will-interpretation-bc\/","title":{"rendered":"Unclear will? How BC courts interpret what the will-maker meant"},"content":{"rendered":"

By Sundeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 11, 2026<\/p>\n

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<\/a>.<\/em><\/p>\n

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.<\/em><\/p>\n

\n

The goal:<\/strong> find what the will-maker actually meant, from the words they used and the circumstances the court may consider.<\/p>\n

The limit:<\/strong> the court can resolve ambiguity, but it can’t invent a gift the will doesn’t contain.<\/p>\n

How:<\/strong> the executor or a beneficiary can ask the court to interpret the will, often before distribution.<\/p>\n

How courts read a will<\/a> \u00b7 Book a consultation<\/a><\/p>\n<\/div>\n

\n

The lawyers who handle these estate files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
\n

Sundeep S. Grewal<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is a probate, estates and immigration lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

Lawgical Law Corporation<\/a>, a probate and estate litigation law firm with offices in Surrey<\/a>, Abbotsford<\/a> and Vancouver, BC, acts on applications to interpret wills; this guide is by Sundeep S. Grewal.<\/p>\n

How BC courts read an unclear will<\/h2>\n

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<\/em>, [1921] 1 A.C. 594 (H.L.), cited in Brannan v. British Columbia (Public Trustee)<\/em>, 1991 CanLII 1622 (BC CA)).<\/p>\n