Section 88: The last of two inconsistent clauses prevails
The Succession Act · Federal Acts · Part VI · in_force
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Where two clauses of gifts in a will are irreconcileable, so that they cannot possibly stand together, the last shall prevail. Illustrations (i) The testator by the first clause of his will leaves his estate of [Gujrat] “to A”, and by the last clause of his will leaves it “to B and not to A”. B will have it. (ii) If a man, at the commencement of his will gives his house to A, and at the close of it directs that his house shall be sold and the proceeds invested for the benefit of B, the latter disposition will prevail.
Related sections
Section 87: Testator’s intention to be effectuated, as far as, possibleSection 89: Will or bequest void for uncertaintySection 86: Interpretation of words repeated in different parts of willSection 90: Words describing subject refer to property answering description at testator’s deathSection 85: No part rejected, if can be it reasonably construedSection 91: Power of appointment executed by general bequest
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