4.15 Unclear Will

Is an instruction in a will valid if its implications cannot be understood ?

No – it is cancelled.

What happens if it is not possible to understand to whom the testator bequeaths his property in his will ?

The will is cancelled.

What happens if a will refers to a specific person but does not state clearly and explicitly that he is a beneficiary ?

If it is impossible to understand to whom the testator wills his property then it cannot be valid.

What happens when there is a contradiction in the will over either the identity of the beneficiaries or their shares?

The will is cancelled.

When a will states that the estate is to go to charity what will happen?

When a will states that the estate is for charity, but does not state which needy individual or charity should receive it, then it is cancelled.

What happens if the testator leaves behind property but no beneficiaries ?

The will is cancelled, and the estate will be divided according to law.

What happens if the home referred to in a will as being left to a particular beneficiary was actually sold to before the testator – who bought a replacement – before he died ?

This does not matter as long as the beneficiary is clear. He/she will get the replacement apartment.

Can a court complete the identify of a beneficiary in a will from external evidence, if the will itself does not name him ?

Case-law has established that external evidence cannot be used to complete the identification of a beneficiary if his identity cannot be established from within the will itself. The rationale is that the court cannot write the will for the testator or instead of him.

Can a court wishing to complete the identify of property referred to in a will, do so by looking at other wills ?

No. A court cannot look at the previous or similar wills, in order to learn about the identity of a particular property, because a will is a personal act of the testator, and each will is unique.The testator's freedom to bequeath cannot be interfered with by the addition of details by outsiders, including the court.

Is a court allowed to bequeath for the testator, if it is sure whom he wanted to leave his property to, if something is missing in the will ?

No ! As a rule the court cannot complete a will, even if it knows whom the testator wished to bequeath property to, unless the testator's wishes are very clear.

Can a court hold that a beneficiary who was to inherit a specific apartment under the will is to inherit another, bought with the proceeds of the sale of the first, instead ?

Yes ! A court can order that a beneficiary inherit a substitute apartment if the original one was sold and the other bought to replace it.