Family law practice is a highly
emotional practice compared to other practices in law more so when it comes to
cases were a "client has passed on" and the lawyer is left to execute what is referred
to as a valid will if it exists. The “Armchair
principle” has played a key role in the law practice as it is applied in the
interpretation of wills, enabling circumstances existing when the will was made
to be used as evidence to elucidate the meaning of words appearing in the will.
Under certain circumstances such evidence may establish the identity of a
beneficiary referred to in the will only by a nickname as an example. The
phrase originates
from a well-known judicial observation that one may, when construing a will, “place [oneself] in the testator’s armchair and consider the circumstances by which he was surrounded when he made his will”. There are a lot of things a person making a will takes into consideration and that is the very reason as to why many people “leave” without making a valid will. Setting aside the considerations one needs to consider the process that is involved and as well needs to identify a competent lawyer which is not easy now days.
from a well-known judicial observation that one may, when construing a will, “place [oneself] in the testator’s armchair and consider the circumstances by which he was surrounded when he made his will”. There are a lot of things a person making a will takes into consideration and that is the very reason as to why many people “leave” without making a valid will. Setting aside the considerations one needs to consider the process that is involved and as well needs to identify a competent lawyer which is not easy now days.