Succession Act 1965 section 90

Extrinsic evidence as to will

Section 90 allows outside evidence to be brought in to clarify what a person making a will (the testator) actually intended, and to help interpret or resolve contradictions within the will.

  • Evidence from outside the will itself (extrinsic evidence) is permitted to demonstrate what the testator intended
  • Such evidence can be used to help interpret the meaning of the will's provisions
  • Extrinsic evidence can also be used to explain any contradictions found within the will
  • This represents a change from the previous general rule, under which outside evidence of a testator's intention was largely inadmissible

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