STEP Australia Conference Presentation | Richard Williams TEP on "Construction of wills - Extrinsic evidence and the impact of Marley v Rawlings"

STEP Australia

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About this Seminar

This presentation was filmed on the 17 May 2019 at the STEP Australia Conference. The duration of the presentation is 50 minutes.

"In a judgment delivered on 22 January 2014, Marley v Rawlings, 2 the UK Supreme Court held that the Court’s approach to the interpretation of wills should be the same as for commercial contracts, the aim being to identify the testator’s intention by interpreting the words used in their documentary and factual context. Reference was made to s 21 of the Administration of Justice Act 1982 (UK) (the statutory provision that extends the admissibility of extrinsic evidence, including evidence of a testator’s intention), as ‘confirming’ that finding. This is a significant development in the law, as regards the construction of wills."

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