Ambiguities and Mistakes

Question 1

Plain-meaning Rule

Wills

Answer 1

Courts are reluctant to disturb the plain meaning of will regardless of a mistake, but they will treat some mistakes as ambiguities

Question 2

Ambiguities

Wills

Answer 2

Taditionally, distintion between
* Patent Ambiguities = face of will, required resolution within four corners of the instrument
* Latent Ambiguities = Not apparent from a reading, allow extrinsic evidence

Modern Approach = no distinction, extrinsic evdience allowed. If cannot be resolved, gift goes to residue

Question 3

Mistakes

Wills

Answer 3

• Mistake in Execution (unaware they were signing a will) = Extrinsic evidence admissable
• Mistake in reasoning = no extrinsic evidence