Section 32 — Succession Act 2006 (NSW)

(1) In proceedings to construe a will, evidence (including evidence of the testator’s intention) is admissible to assist in the interpretation of the language used in the will if the language makes the will or any part of the will—
(a) meaningless, or
(b) ambiguous on the face of the will, or
(c) ambiguous in the light of the surrounding circumstances.
(2) Despite subsection (1), evidence of the testator’s intention is not admissible to establish any of the circumstances mentioned in subsection (1) (c).
(3) Despite subsection (2), nothing in this section prevents evidence that is otherwise admissible at law from being admissible in proceedings to construe a will.

Related sections

• s 29 — What interest in property does a will dispose of?
• s 30 — When a will takes effect
• s 31 — Effect of failure of a disposition
• s 33 — Effect of a change in testator’s domicile
• s 34 — Income on contingent, future or deferred dispositions
• s 35 — Beneficiaries must survive testator by 30 days

Research how courts apply s 32

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.