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Borkowski's Law of Succession

Borkowski's Law of Succession (4th edn)

Brian Sloan
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date: 03 December 2021

p. 201. Construction of Willslocked

p. 201. Construction of Willslocked

  • Brian SloanBrian SloanCollege Lecturer in Law, Robinson College, University of Cambridge

Abstract

This chapter discusses the construction of wills. The law of construction is a mixture of general principles and specific rules, developed mainly by the courts, but with some help from Parliament. To some extent, the general principles of construction can be regarded as broad guidelines to the court rather than as strictly binding. Consequently, some judges will feel that they have room for the exercise of a degree of discretion in achieving the result they think is merited on the facts of the case. Moreover, there is no universal agreement as to what constitutes a principle or a rule in this context. The remainder of the chapter covers the specific rules of construction and extrinsic evidence.

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