Will - Conflict between two clauses of a Will

Will - In the event of a conflict between two clauses of a Will, the latter one shall prevail.

Will - A will may contain several clauses and the latter clause may be inconsistent with the earlier clause. In such a situation, the last intention of the testator is given effect to and it is on this basis that the latter clause is held to prevail over the earlier clause. This is regulated by the well known maxim “cum duo inter se pugantia reperiuntur in testament ultimum return est” which means that if in a Will there are two inconsistent provisions, the latter shall prevail over the earlier - Succession Act, 1925, Section 88. 1995 SceJ 001 followed in #2020 SCeJ 163

Ramachandra Shenoy v. Mrs. Hilda Brite, 1963 SCeJ 001,

Kaivelikkal Ambunhi (dead) by LRs. v. H. Ganesh Bhandary, 1995 SceJ 001

Latin - cum duo inter se pugantia reperiuntur in testament ultimum return est

If in a Will there are two inconsistent provisions, the latter shall prevail over the earlier

Words and Phrases - “cum duo inter se pugantia reperiuntur in testament ultimum return est” which means that if in a Will there are two inconsistent provisions, the latter shall prevail over the earlier (See : Hammond v. Treharne 1938 (3) All E R 308) 1995 SceJ 001. 1995 SceJ 001