Ambiguities and Mistakes

Question 1

Latent Ambiguity

Answer 1

Extrinsic evidence is admissible to clear up a latent ambiguity. A gift fails if evidence doesn’t exist.

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 to the terms of the testator’s intent if it is proved by CLEAR AND CONVINCING evidence that both the accomplishment of the testator’s intent of the terms of the will were affected by a mistake of fact or law.

May consider extrinsic evidence even though the evidence contradicts an apparent plain meaning of the will.