Default Rules, Not Mandatory Rules
When someone writes a will, the language does not always cover every possible situation. A beneficiary might pass away before the person who wrote the will. Property mentioned in the will might be sold before death. Stock holdings might change through mergers or reinvestment plans.
Under Arizona law, these gaps are addressed with a set of rules of construction found in this article of Title 14. These rules act as a safety net. They fill in the blanks when the will is silent or unclear on a particular point.
In the absence of a finding of a contrary intention, the rules of construction in this article control the construction of a will.
A.R.S. § 14-2601Why Clear Language in a Will Matters
The key phrase is "absence of a finding of a contrary intention." If a will clearly states what should happen, the court follows those instructions. The default rules step in only when the will does not address the issue or when the language is ambiguous.
This is one reason working with experienced estate planning counsel matters. A well-drafted will anticipates common scenarios. It spells out exactly what should happen. That reduces the chance a court has to rely on default rules that may not match what the person actually wanted.
Under state law, the laws of intestacy apply when there is no will at all. But when a will exists, the rules of construction in this article fill gaps before intestacy rules come into play. Personal representatives need to understand these rules when administering an estate.
For family members, knowing these default rules exist helps explain why specific language matters so much. A will signed by the testator that says "everything to my spouse" covers most situations. But a will that makes specific gifts may leave newer property in an unintended place. People 18 years and older can create a will, and reviewing it regularly is the best way to avoid relying on default rules.
The sections that follow cover specific situations. They address what happens when a beneficiary dies first, how securities acquired after the will was signed are handled, and what rights a specific devisee has when property is sold or damaged before death.