46Use of extrinsic evidence to clarify a will

46 Use of extrinsic evidence to clarify a will

(1)  In proceedings to construe a will, evidence, including evidence of the testator's intention, is admissible to the extent that the language used in the will renders the will, or any part of the will –

(a) meaningless; or

(b) ambiguous on the face of the will; or

(c) ambiguous in the light of the surrounding circumstances.

(2)  Evidence of a testator's intention is not admissible to establish any of the circumstances referred to in subsection (1)(c) .

(3)  Nothing in this section prevents evidence that is otherwise admissible at law from being admissible in proceedings to construe a will.