Succession Act 1965 section 99

Interpretation of devise or bequest in case of doubt

Section 99 establishes the rule that where a gift in a will can be read in more than one way, the interpretation that gives the gift legal effect should be preferred over one that would render it ineffective.

• Where a devise (gift of property) or bequest (gift of personal assets) in a will is ambiguous, a rule of interpretation applies.
• If the wording admits of more than one possible meaning, the interpretation that allows the gift to actually take effect is to be preferred.
• This rule only applies where there is genuine doubt about the meaning of the gift — it does not override a clearly expressed intention.
• The principle is derived from the German Civil Code and favours giving effect to the wishes of the deceased rather than defeating them on a technicality.