When drafting a will, clarity is paramount. Yet, despite best efforts, some wills contain ambiguities, especially regarding gifts. At KhanMather, we understand how these ambiguities can cause significant stress and confusion. In this blog, we will explore what ambiguous gifts are, common scenarios where they arise, and how they can be resolved under UK law.
What are Ambiguous Gifts in Wills?
An ambiguous gift in a will occurs when the language used to describe the gift or the intended recipient is unclear or open to multiple interpretations. This ambiguity can create disputes among beneficiaries and may even lead to the gift being invalidated if it cannot be resolved.
Common Scenarios of Ambiguous Gifts
- Vague Descriptions: A will might specify a gift without providing enough detail to identify it clearly. For example, stating “my car to John” can be ambiguous if the testator owned multiple cars.
- Unclear Beneficiary Identification: Ambiguities arise when beneficiaries are not clearly identified. For example, “I leave £10,000 to my nephew” can cause confusion if the testator had several nephews.
- Conditional Gifts: Conditions attached to gifts can also lead to ambiguities. For instance, “I leave my house to Jane if she is still working as a teacher” can be problematic if it’s unclear what happens if Jane is not a teacher at the time of the testator’s death.
Legal Principles for Resolving Ambiguous Gifts
Under UK law, several principles and rules help resolve ambiguities in wills:
- The Golden Rule: This rule states that the courts should try to ascertain the testator’s intention from the words used in the will, applying a natural and ordinary meaning to those words wherever possible.
- Surrounding Circumstances: Courts may consider evidence of the circumstances surrounding the creation of the will. This can include the testator’s relationships and the property they owned at the time of writing the will.
- Extrinsic Evidence: In some cases, extrinsic evidence (evidence outside the will) may be admitted to clarify the testator’s intentions. This could include the testator’s statements to witnesses or other documents they prepared.
- Doctrine of Armchair: This doctrine allows the court to sit in the “armchair” of the testator, considering what the testator knew and understood when making the will.
- The Contra Proferentem Rule: If the ambiguity cannot be resolved, the contra proferentem rule may apply, where the ambiguity is construed against the person who drafted the will.
Practical Steps to Avoid Ambiguous Gifts
- Detailed Descriptions: Ensure all gifts are described in detail. For example, specify “my 2019 BMW 3 Series with registration ABC123” rather than just “my car”.
- Clear Identification of Beneficiaries: Full names and, where applicable, addresses should be used to identify beneficiaries. Including relationship terms can also help, such as “my nephew, John Smith, son of my brother David”.
- Avoiding Ambiguous Conditions: Be precise about conditions. If attaching conditions to gifts, clearly outline the criteria and the consequences if those conditions are not met.
- Regular Updates: Wills should be reviewed and updated regularly to reflect any changes in circumstances, such as the acquisition of new assets or changes in relationships.
- Professional Drafting: Engage a professional solicitor to draft your will. At KhanMather, our experienced team can help ensure your will is clear, precise, and reflective of your true intentions.
Conclusion
Ambiguous gifts in wills can lead to disputes and unintended consequences. By understanding common sources of ambiguity and the legal principles for resolving them, you can take steps to ensure your will is clear and your wishes are honoured. At KhanMather, we are here to provide expert guidance and support in drafting your will, helping you achieve peace of mind that your estate will be distributed as you intend.
If you have any questions or need assistance with your will, please contact us on 0161 850 9911 today to speak with one of our experienced solicitors.