Wills and Rule of Construction

Paper Summary:

This research paper discusses the rule of construction, which is a very important tool for construing the intention of the testator in the will. It begins by defining what a will is and defining rule of construction. The paper then explains this concept using the Indian Succession Act of 1925 and case laws. It also discusses the rule of construction under private international law.

Table of Contents:
Introduction
Rule of Construction
Nature and Scope
Research Questions
Chapter One
Wills
Chapter Two
Rule of Construction
Construction of Words
Ascertaining the Intention of the Testator
Construction of Wills
Chapter Three
Rule of Construction in Private International Law
Conclusion

From the Paper:

"The 'rule of construction' in the Indian legal system gives utmost significance to giving effect to the intention of the testator. The duty of the court is to endeavor the ascertainment of the intention of the testator while construing a will or any other testamentary instrument. The aid of the private international law is necessary only when the intention is expressed in a manner that leaves no room for doubt. This is because the duty of any court, no matter in which country it may sit, is to give effect to expressed intentions and, if they are clear, there can be no occasion to test the language of the will by reference to any particular legal system. Generally, the interpretation of a will depends on the law of the testator's domicile. This approach is supported by section 4 of the Will Act 1963 which provides that the "construction of a will shall not be altered by reason of any change in the testator's domicile after the execution of the will. However, the rule that the interpretation of a will depends on the law of the testator's domicile is not absolute. If the testator has manifestly contemplated and intended that his will should be construed according to some other system of law, then this rule does not apply."

Sample of Sources Used:

• Cheshire & North, 13th Edn (1999), "Private International Law", Delhi: Lexis Nexis Butterworths
• Mitra B.B, 13th Edn (1997), "Indian Succession Act", Calcutta : Eastern Law House
• Saxena Poonam Pradhan, 2007, Family Law Lectures, 2nd edition, Lexis Nexis.
• Sen.A.C ed, 1979, B.B.Mitra The Indian Succession Act, 11th edition, Eastern Law House, Calcutta.
• Sen.D.N, S.P.Sen Gupta, 2007, The Indian Succession Act, 5th edition, Kamal Law House, Kolkata.

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