seekinglegalcouncel (dasf) 19 February 2011

usage of term "May" in a WILL

Hi All,

Please advise whether the usage of legal term "May" in a WILL can be understood as "May not"

for example

In a WILL it is mentioned as

"so and so person may be given a sum of some amount , he may use this amount for residential purpose.

Now the term may is used in two aspects in two contexts

Is this a precondition set upon or a desire expressed which can be implied as may not too

Please advise.

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2 Replies

sheela subbarao (Advocate) 19 February 2011

"May", "suppose" such words should not be used. But in the context given should be intrepreted as "shall" . In such important documents like WILL, GIFT DEED etc., the language should be properly used. ambiguity should not be created.

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seekinglegalcouncel (dasf) 20 February 2011

Now since the ambiguity has been created , would there be any discretion on the part of the executor of the WILL to interprete this as Many Not a void the claim I have.

Or Can this be also interpeted that the Person has an option not use the said amount for residential purpose.