How is a will interpreted?

In Indiana, a will is interpreted by applying the rules of construction to its language. These rules guide the courts in interpreting the intentions of the testator (the person who created the will) in order to determine how the estate should be distributed. The primary rule of construction is to give effect to the plain and ordinary meaning of the words used in the will. If the language of the will is clear and unambiguous, the courts are obligated to enforce it as the testator intended. If there is any ambiguity, the court will look beyond the will itself and try to determine the intent of the testator by examining the surrounding circumstances, including the testator’s prior wills or codicils (amendments to a will). If the court cannot determine the intention of the testator, the will will be construed according to the rules of intestacy—a set of rules which determine the disposition of the decedent’s estate in the absence of a valid will. Ultimately, the court’s interpretation of the will may be restricted, modified, or even contradicted by Indiana statutes or case law.

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