Succession Act 1965 section 89

Will to speak from death of testator

Section 89 establishes that a will is to be interpreted as though it were made immediately before the testator's death, rather than on the date it was actually signed, unless the will itself indicates otherwise.

• A will is construed as if executed immediately before the testator's death, covering all estate and all gifts within it.
• This rule applies unless the will expressly or impliedly indicates a contrary intention.
• The section overrules the historic rule in Wild's Case (1599), which had treated the date the will was made — not the date of death — as the relevant time for determining the effect of certain gifts.
• Where property is left to "A and his children", whether A has children living is now assessed at the date of death, not the date the will was written, which may change the nature and size of the interest A receives.

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