What "Rules of Construction" Actually Means
When a will or trust is unclear about a particular issue, courts need a consistent way to fill in the gaps. That is what rules of construction do. They provide default answers to common questions: Did a beneficiary survive long enough to inherit? What happens to a gift if the beneficiary dies first? Which state's law applies?
In the absence of a finding of a contrary intention, the rules of construction in this article control the construction of a governing instrument. The rules of construction in this article apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument.
A.R.S. § 14-2701The key phrase is "in the absence of a finding of a contrary intention." These rules are not mandatory. They are fallback provisions. If your will or trust addresses a particular issue directly, your language controls. The statutory rules only step in when the document is silent or ambiguous.
Why This Applies to More Than Just Wills
This statute uses the term "governing instrument," which is broader than most people realize. It includes wills, trusts, beneficiary designations, payable-on-death accounts, joint tenancy agreements, and other documents that control how property passes at death or during incapacity.
That broad scope matters because the rules of construction in this article, such as the 120-hour survival requirement and the antilapse provisions, apply across all these document types unless a specific section says otherwise. For anyone creating or reviewing estate planning documents, understanding these default rules helps identify where your documents might benefit from more specific language.
