The Will’s Wording Is Unclear: What Should an Executor Do?

Start with the exact clause and the decision it affects. Disagreement about a will’s meaning is different from alleging that the will is invalid or was drafted incorrectly.

This guide is for executors and administrators of estates in England and Wales. It helps organise the issue before interpretation advice, negotiation or a court process is considered.

Identify the words and the decision

Keep the complete signed will and every codicil together. Record the competing readings and how each would affect the administration. A phrase taken alone may be misleading when other provisions define a term, identify a substitute beneficiary or deal with residue.

• Which clause, person, asset, share or condition is disputed?
• Does the uncertainty concern who receives something, when they receive it or whether it is held on trust?
• Which decision is blocked: collecting an asset, selling it, paying income or distributing capital?
• What facts about family relationships, ownership or the date of death need establishing?

Separate three possible issues

More than one issue may arise. A disappointing outcome alone does not establish any of them. For a challenge to the making of the will, read our will-validity guide.

Preserve the drafting records

Identify who holds instructions, drafts, explanatory correspondence and the drafter’s file. Ask for preservation and obtain advice about the scope and authority for any disclosure. A relative’s recollection of a promise is not automatically decisive evidence of what a clause means.

Section 21 of the Administration of Justice Act 1982 permits outside evidence, including evidence of intention, in specified situations involving meaningless or ambiguous wording. It does not make every informal statement admissible or allow the executor simply to rewrite the will.

What if there was a drafting error?

Section 20 of the Administration of Justice Act 1982 provides a court remedy for specified errors. It is different from interpreting existing wording or agreeing a variation. An application generally requires court permission if made more than six months after representation is first taken out; the relevant Grant and any exceptions need checking promptly.

Do not assume negotiations stop a deadline, or that correcting the signed document by agreement alone is sufficient. A possible negligence claim against the drafter is also a separate question.

Do not confuse sale with entitlement to proceeds

Illustration: a clause may allow someone to occupy a house while other provisions regulate sale, income or the eventual destination of capital. A power to sell does not itself answer who can receive the proceeds immediately. Check the whole arrangement before treating it as an outright gift.

See property-sale deadlock and distribution difficulties. A will that leaves part of the estate undisposed of may involve partial intestacy.

Organise a proportionate next step

1. Prepare a short note of the clause, competing readings, affected interests and blocked decision.
2. Preserve documents and identify the evidence still needed.
3. Obtain advice before paying out on a disputed interpretation or committing estate funds to a contested position.
4. Consider focused clarification, negotiation or mediation. A binding arrangement may require all affected parties, appropriate authority and court approval where children or protected parties are involved.
5. Continue protective work that can properly proceed, subject to any order or other restriction.

If you benefit personally under one reading, separate that interest from your administrative role. A disagreement cannot be resolved solely by the executor preferring the reading that favours them. A court interpretation or rectification application requires appropriate specialist representation.