How is a will interpreted?

A will is a legally binding document that provides instructions on how a person wishes their assets to be distributed upon their death. In North Carolina, the interpretation of a will is strictly enforced by the courts. In general, the court will look to what the deceased person stated in the will, their intentions when drafting the will, and if applicable, any relevant state and federal laws. The interpretation of a will starts with the reading of the document. Precedence is given to what the deceased person wrote in the will. Since each legal document is unique, the court will look at the words used, the context in which they were used, and the overall tone of the document. If the will is not unambiguous, or if the meaning of a clause is unclear, the court may look to evidence such as financial documents or statements from the deceased. The court will also take into consideration the wishes of the deceased person and how the will is consistent with their overall lifestyle. Evidence such as statements made by the deceased in other documents or conversations the deceased had with family or friends may also be considered. Finally, the court may need to consider relevant state or federal laws. The court must look at the legal context of the will and ensure that any portion of the will which is illegal or contrary to public policy is not enforced. All of these factors help the court interpret the will and ensure that the deceased person’s wishes are followed.

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How is a will interpreted?

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