23 California Legal Forms--Transaction Guide § 62.32

Summary

The Probate Code contains a comprehensive set of rules for the interpretation of wills, trusts, and similar instruments [see Prob. Code §§ 21101–21140]. Since the Probate Code definition of “will” includes codicils and any testamentary instrument which appoints an executor or revokes or revises another will [see Prob. Code § 88], these rules of interpretation are also applicable to codicils. These rules are discussed in detail in Ch. 61, Will Drafting and Complete Will Forms, § 61.20.

The words of a will must receive an interpretation that will give every expression some effect, rather than one that will render any of the expressions inoperative [Prob. Code § 21120]. Preference is to be given to an interpretation of an instrument that will prevent intestacy or failure of a transfer, rather than one that will result in an intestacy or failure of a transfer [Prob. Code § 21120]. All parts of a will are to be construed in relation to each other and, if possible, so as to form a consistent ...