Court Applications to Interpret a Will or Trust

On occasion, a provision in a will or trust is unclear. Sometimes, the provision just does not make sense on its face. At other times, a clause in the will or trust document could be interpreted in more than one way. It could also be that a particular clause or gift is not capable of being carried out or that the testamentary or trust document is internally inconsistent about how to deal with a particular asset. In such circumstances, the executor, trustee, or any person with a financial interest in the trust or estate may launch a court application to request that the Court interpret the governing document and provide directions. This type of application is called an application for advice and direction or an interpretation application. de VRIES LITIGATION represents executors, trustees, beneficiaries and others in applications for the court’s advice and direction.