Carleton v Thompson, (1867) 5 M (HL) 151
Citation:Carleton v Thompson, (1867) 5 M (HL) 151
Rule of thumb:When a person writes a will, is the intention behind it important, or is it just an academic exercise assessing what exactly they wrote? The intention behind it is important – the relation between the will-writer and the people given their assets is extremely important.
Judgment:
The Court in this case confirmed the ‘cardinal’ principle in succession law of ‘ascertaining the testator’s intentions’ – any person interpreting a will should make a reasonable effort as far as possible to understand the testator’s intention when they made the will. Although intentions and literal interpretations are both needed to interpret a will, the intentions carry ever so slightly more weight.
Ratio-decidendi:
‘When a question arises under a mortis causa settlement, whether the benefit is or has become a vested right, the intentions of the testator, in so far as they can be discovered or reasonably inferred from the deed, taken as a whole, and from the circumstances legitimately collected under which the deed is made, should have effect given to them. It is quaestio voluntaris. This is the cardinal rule and guide’, Lord Colonsay at 153
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.