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The High Court determined that the entirety of the deceased's lands, including parcels in different townlands, should be bequeathed to the plaintiff under the contested will. The dispute arose because the will ambiguously referred to 'lands at Bealalaw', but evidence from the solicitor who prepared the will – alongside accepted background evidence about the management and history of the farm – convinced the court that the deceased intended to leave all his farming lands and associated entitlements to the plaintiff, not just those technically located in the 'Bealalaw' townland. Argument from certain defendants that only a portion of the lands was intended to pass failed due to the solicitor’s credible account of the deceased’s instructions and lack of any countervailing evidence. The court's interpretation resolves the ambiguity in the will in the plaintiff's favour and provides that all lands comprised in the relevant folio pass to the plaintiff.
last will and testament – ambiguity – extrinsic evidence – armchair principle – construction suit – bequest – farm succession – section 90 of the Succession Act 1965 – solicitor"s testimony – residuary legatees – interpretation of wills – admissibility of evidence – farmland parcels – probate law
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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