Ambiguities and rules of construction

Question 1

What is an ambiguity in a will?

Answer 1

A will contains an ambiguity if a devise or other provision can be interpreted in more than one way

Ambiguities can either be latent (hidden) or patent (obvious)

Question 2

How are ambiguities treated?

Answer 2

A court can consider evidence of the Testator’s intent to resolve the ambiguity or correct the description

The potential beneficiaries may agree to share the devise rather than losing it entirely

Question 3

What are rules of construction?

Answer 3

Fla. Stat.’s that govern a document unless a contrary intent is indicated by will