Queensland Consolidated Acts

SUCCESSION ACT 1981 - SECT 33C

33C Use of evidence to interpret a will

(1) In a proceeding to interpret a will, evidence, including evidence of the testator’s intention, is admissible to help in the interpretation of the language used in the will if the language makes the will or part of it—

(a) meaningless; or

(b) ambiguous on the face of the will; or

(c) ambiguous in the light of surrounding circumstances.

(2) However, evidence of the testator’s intention is not admissible to establish any of the circumstances mentioned in subsection (1) (c) .

(3) This section does not prevent the admission of evidence that would otherwise be admissible in a proceeding to interpret a will.