ambiguities & mistakes

Question 1

latent ambiguity

Answer 1

A latent ambiguity arises if a will’s language is clear on its face but results in a misdescription as applied.
Extrinsic evidence is admissible to clear up latent ambiguity.
If no evidence is available, the gift fails and falls to residue.

Question 2

mistake as to contents of will - most states

Answer 2

most states - no ambiguity, so no extrinsic evidence since that would violate plain meaning rule (evidence of mistake is not admissible to contradict the plain, unambiguous language of a will.

Question 3

mistake as to contents of will - UPC

Answer 3

UPC - Court may reform a will, even if the will is unambiguous, to conform the terms to T’s intent IF it is proved by clear and convincing evidence that both the accomplishment of T’s intent AND the terms of the will were affected by a mistake of fact or law.
In determining T’s original intent, court may consider relevant evidence even though the evidence contradicts an apparent plain meaning of the will.