What to Do When a Will or Trust Clause Is Unclear or Ambiguous
Introduction
If a clause in a will or trust doesn’t make sense—or appears too vague—you may be stuck deciding what the person really wanted. Perhaps the wording seems contradictory, or different family members interpret the same clause differently. These “interpretation” or “construction” disputes can delay the estate’s distribution and cause real emotional strain.
At Jonathan Lea Network, we help families and executors resolve these confusing situations—either by clarifying the intended meaning through agreement or, if necessary, seeking guidance from the court.
Why Are Will or Trust Clauses Ambiguous?
Many wills and trusts are drafted in stress or haste, sometimes using informal language or incomplete descriptions. Common examples include:
- Vague descriptions: “I leave my jewellery to my family” — who does “family” include?
- Unclear amounts: “£10,000 to both my sisters” — split equally or each?
- Property confusion: “my house” — which house, if there are multiple?
- Technical terms used incorrectly: words like “issue” (legal term) versus “children.”
When wording isn’t precise, beneficiaries are left guessing, and disagreements can escalate.
Can the Estate Be Distributed if It’s Ambiguous?
Only if all beneficiaries agree on the meaning. Everyone involved can sign a Deed of Variation that records the agreed interpretation and allows the estate to move forward without court involvement.
If no agreement is possible, the executor or a beneficiary must ask the court to clarify the clause.
How Does the Court Decide on Ambiguous Wording?
The court will do everything it can to honour what it believes the testator intended, applying objective rules of interpretation grounded in case law:
- Ordinary Meaning of the words used.
- Overall Purpose of the document.
- Other Provisions in the will or trust (read the document as a whole).
- Circumstances Known or Assumed by the testator at the time (the “arm‑chair rule”).
- Reason and Common Sense, avoiding outcomes that are impractical.
Importantly, subjective evidence of what the testator intended is generally not admitted—meaning, the court doesn’t consider private thoughts unless they’re captured in the document or surrounding circumstances
What If There’s a Mistake in the Will or Trust?
Sometimes, wording is inconsistent with known intentions—like a clerical error. In those cases, a rectification claim may be appropriate. The court can correct the document to reflect what the testator actually intended, based on available evidence.
What You Can Do (Your “To-Do” List)
- Re-read the document carefully—look for language inconsistencies or odd phrasing.
- Speak informally with family members to see if there’s common understanding.
- Gather any written evidence: letters, emails, drafts of the will, or communications that go back to the testator’s intentions.
- Consider a Deed of Variation if everyone agrees on the meaning.
- If no one agrees, seek legal advice right away—especially before probate is granted or distributed.
How Jonathan Lea Network Can Help You
- We explain clearly what the clause could mean and the pros and cons of different interpretations.
- We look for a solution outside court, like drafting a Deed of Variation if everyone agrees.
- We prepare and file a court application when needed, presenting the clearest possible case to the judge.
- We guide executors on their legal responsibilities to avoid personal liability.
- We do it with empathy, knowing this usually follows a loved one’s death, and emotions may be running high.
What Happens if the Court Steps In
- File a court application asking for interpretation of the clause.
- Prepare an argument using documents, logic, and legal rules (ordinary meaning, context, common sense).
- The court issues a declaration of meaning—a legally binding decision that executors must follow.
- Once interpreted, the estate or trust can finally be administered under clarity.
Contact Us
If you’re stuck wondering what a clause in a will or trust really means, don’t proceed in uncertainty.
Contact Jonathan Lea Network today for a free, confidential chat. Our probate dispute solicitors can help clarify meanings, protect your rights, and ensure the estate or trust is administered correctly—and with peace of mind..
Call +44 (0)1444 708 640
Email wewillhelp@jonathanlea.net
Frequently Asked Questions (FAQs)
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What if everyone agrees informally on the meaning?
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You can avoid court by using a Deed of Variation. It formalises the agreement and keeps everything on track.
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Does the court rely on what the testator actually meant in their mind?
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No. The court applies objective interpretation rules, what a reasonable person would understand at the time, not private intentions.
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Can the court change words in the will?
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Only if there’s a clear mistake and sufficient supporting evidence via a rectification claim. Otherwise, ambiguous but intelligible wording stands.
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Do I need a court declaration to implement the estate?
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Yes, especially if executors are unsure or beneficiaries dispute the clause. A court declaration gives legal certainty.
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Is this process expensive?
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Court involvement costs more than agreement via Deed of Variation. But if there’s no consensus, court guidance is the safest path forward.
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What kinds of ambiguous wording come up most often?
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Common issues include vague terms like “family,” unclear division of money among named individuals, or property descriptions that don’t specify location or identity.
Photo by Pablo García Saldaña on Unsplash
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