Court Judgment interpreting a will

Will Interpretation

Wesley v. Walsten (O.J. No. 04-0131, Ont. S.C.J. 2004)—The Ontario Superior Court was asked to interpret ambiguous language in a will that left property to the testator’s “grandchildren.” Tony, acting for a beneficiary descended from an adopted child, argued that the clause should include both biological and adopted lines. Reading the will as a whole and admitting limited extrinsic evidence to resolve a latent ambiguity, the court held that the testator intended all grandchildren—by birth or adoption—to share equally. It therefore ordered distribution in the beneficiary’s favour and awarded costs, underscoring that Ontario courts prioritize the testator’s overall intent over rigid, literal readings when construing testamentary documents.

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Tony is the sole proprietor and manager at Potestio Law. He graduated from the University of Western Ontario's prestigious law program and has been a member of the Upper Canada Law Society since 1984. Tony has over 25 years of experience in Personal Injury and Civil Litigation claims.