Ambiguity

Question 1

Patent (Obvious) Ambiguity

Answer 1

A patent ambiguity exists if a provision is ambiguous on its face, that is, it fails to convey a sensible meaning. The traditional view is that extrinsic evidence is not admissible to correct a patent ambiguity, but the modern view is that extrinsic
evidence is admissible.

EXAMPLE
Testator’s will states, “I leave my xvikz to Harold. I leave 50% of the residuary to each of Adam, Betty, and Charles. I leave $25,00 to Doris.”

Question 2

Latent (Hidden) Ambiguity

Answer 2

A latent ambiguity exists when the language of the will is clear on its face but cannot be carried out without further clarification.
The court will consider extrinsic evidence to resolve the ambiguity.

EXAMPLES
1) “To my sister, Pat,” but the testator has a sister named Chris and a brother named Pat.
2) “I leave my car to Juanita,” but the testator died owning two cars.
3) “I leave $10,000 to my cousin Frank,” but the testator has two cousins named Frank.
4) “I leave my house at 345 Elm St but owns 347 Elm Street.