Probate Code Could Be a Basis for Statutory Interpretation Principles

In reading sections of California’s Codes (the 29 Codes contain the state’s more than 156,000 statutes), I came across several interesting sections of the California Probate Code which could serve as a basis for codified statutory construction principles.

Division 11 (“Construction of Wills, Trusts, and Other Instruments”), Part 1 (“Rules for Interpretation of Instrument”), Chapter 2 (“Ascertaining Meaning of Language Used in the Instrument”) of the California Probate Code could be used for other statutory interpretation principles that could be codified in California law.

Section 21120 provides that the words of an instrument are to receive an interpretation that will give every expression some effect, rather than one that will render any of the expressions inoperative. Preference is to be given to an interpretation of an instrument that will prevent intestacy or failure of a transfer, rather than one that will result in an intestacy or failure of a transfer.

Section 21121 states that all parts of an instrument are to be construed in relation to each other and so as, if possible, to form a consistent whole. If the meaning of any part of an instrument is ambiguous or doubtful, it may be explained by any reference to or recital of that part in another part of the instrument.

Section 21122 specifies that the words of an instrument are to be given their ordinary and grammatical meaning unless the intention to use them in another sense is clear and their intended meaning can be ascertained. Technical words are not necessary to give effect to a disposition in an instrument.

Technical words are to be considered as having been used in their technical sense unless (a) the context clearly indicates a contrary intention or (b) it satisfactorily appears that the instrument was drawn solely by the transferor and that the transferor was unacquainted with the technical sense.

As the reader can see, these four provisions could easily be expanded beyond the words of written instruments (i.e., wills and trusts and related documents) and used as statutory interpretation principles for when California courts interpret provisions of California’s Codes. These or similar statements could be placed in the “general” or “preliminary” provisions in the 29 Codes and help guide our state’s courts in their interpretation efforts.