4. Construction of Wills Flashcards
What is the general rule of construction regarding wills in Georgia?
Courts prioritize the testator’s clear intent when interpreting wills, adjusting language as needed to ensure coherence and effectiveness.
What is the Plain Meaning Rule?
If a will is clear, extrinsic evidence to explain or contradict it is inadmissible, even if legal language contradicts the testator’s oral intent.
What are Patent ambiguities?
Patent ambiguities appear on the face of the will that the meaning is unclear.
What are Latent ambiguities?
Latent ambiguities arise when clear will language requires interpretation due to extrinsic facts affecting the gift or beneficiary.
Does Georgia distinguish between latent and patent ambiguities in a will?
No, all ambiguities in a will can be explained using parol evidence of the circumstances surrounding the testator at the time of execution.
How are half-blood relations, adopted individuals, and those born out of wedlock treated in wills and trusts?
They are treated as family, following intestate succession rules.
What must the proponent prove in a question of integration regarding a will?
The will offered for probate is the testator’s intended will, with no page alterations.
What does Georgia favor regarding the vesting of contingent gifts?
Vesting of title in the beneficiaries as of the time of the testator’s death.
the law favors interpreting gifts to vest at the earliest opportunity, even if the beneficiary’s right to possess or enjoy the gift is delayed until a future date.
