Ambiguities and Mistakes

Question 1

Latent Ambiguity

Answer 1

Rule: extrinsic evidence is admissible to clear up a latent ambiguity (where there is ambiguity in the terms). In absence of clarifying evidence, the gift will fail and pass to the residuary estate.

Question 2

Most States and the Plain Meaning Rule

Answer 2

When there is no ambiguity in the will, the plain meaning of the will cannot be disturbed with extrinsic evidence

Question 3

Plain Meaning Rule and the UPC

Answer 3

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 relevant evidence even though the evidence contradicts an apparent plain meaning of the will.