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Armchair Rule

A rule of interpretation that a judge, called upon to interpret an otherwise unclear legal document, shall take into account the circumstances in which the document was created.

In Dobson Estate v. Dobson, 2000, published at 32 Estates & Trusts Reports, 2nd Series, page 62, the Ontario Superior Court of Justice, Justice O'Connor presiding, stated:

"Where the testator's intention cannot be ascertained from the plain meaning of the words used the court may consider the surrounding circumstances known to the testator when he made his will -- the so-called Armchair rule. That is, the court may sit in the armchair of the testator, assume the knowledge he had of the extent his assets, the size and makeup of his family and his relationship to its members, so far as such things can be ascertained by the evidence."


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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