Perrin v Morgan, [1943] AC 399
Citation:Perrin v Morgan, [1943] AC 399
Rule of thumb:What is the basic way that wills are to be interpreted? The wording and the intention in the particular are to be taken into account – this is the basic fundamental way that wills are interpreted.
Judgment:
The Court in this case affirmed the principle of ‘expressed intentions of wills’ – this means it is a combination of evidence of the testator’s intentions and the words used. This principle could be said to be a bit of an ‘antithetical statement’ – the first part ‘expressed’ is literal, and the second part ‘intentions’ is purposive, which are contrasting/opposites to some degree, and the answer for the ‘right interpretation’ lies somewhere in the middle of this.
Ratio-decidendi:
‘The question is not, of course, what the testator meant to do when he made his will, but what the written words he uses mean in the particular case – what are the “expressed intentions” of the testator’, LC Symon at 406
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.