Interpretation of Wills

Question 1

Ambiguous terms

How are ambiguous terms to be understood?

Answer 1

Extrinsic evidence of facts and circumstances becomes admissable to assist the court in interpreting the will

This may include evidence about:
* the state of the testator’s property;
* the testator’s relations with specific people;
* the testator’s opinions;
* the testatotr’s habits of thoughts and of language

Question 2

Equivocations

What happens when terms of the will apply to two or more people or two or more things?

Answer 2

Extrinsic evidence is admissible to resolve an equivocation.

Question 3

Mistake of Fact or Mistake of Law

How does one prove that the testator’s intent and usage of terms was affected by a mistake of fact or law?

Answer 3

By clear and convincing evidence

Question 4

Mistake of Fact or Mistake of Law

If the mistake of fact or law is proven, what can the court do?

Answer 4

reform the will to overcome the mistake even if the terms of the will are unambiguous.

e.g., bad tax advice

Question 5

The Repugnancy Doctrine

What happens when a will conveys a life estate in property and gives the life tenant the absolute power to consume, assign, or dispose of the property?

Answer 5

The effect is fee simple absolute. The remainder interest is struck out as repugnant to the fee simple absolute