Can a Will that contains inconsistent provisions as to the method of determining the amount of a gift?
Alberta, Canada
The following excerpt is from Lindblom Estate v. Worthington, 1999 ABQB 796 (CanLII):
Counsel also cites Milner v. Milner (1748), 27 E.R. 921 (Ch.D.) for the proposition that where a Will shows an intention to make a certain gift but also contains an inconsistent provision as to the method of determining the amount of the gift, the courts will ignore the minor inconsistent provision and will give effect to the paramount intention to make the gift.
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