5. Ambiguities and Mistakes

Question 1

Latent Ambiguities:

Answer 1

Extrinsic evidence is useful to figure out laten ambiguity.

Question 2

Mistake:

Answer 2

Upon application of any interested person , a court may reform the terms of a will even if unambiguous to conform the terms to the testator’s intent if it is proved by clear and convincing evidence that both the accomplishment of the testator’s intent and the terms of the will were affected by a mistake of fact or law.

In determining the testator’s original intent, the court may consider extrinsic evidence even though the evidence contradicts an apparent plain meaning of the will.