seekinglegalcouncel (dasf) 19 February 2011
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.
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.
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.
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