Other Wills Doctrine

Question 1

Mistakes or Ambiguities In the Will

Answer 1

Apply Plain Meaning Rule - if there is no ambiguity there is no need for extrinsic evidence.

Under UPC and Restate: wills can be referred to correct mistakes if mistakes are Shown by CLEAR AND CONVINCING EVIDENCE.

Question 2

Latent Ambiguities

Answer 2

Will is valid on its fact,

Extrinsic evidence is admissible, however, if evidence does not cure ambiguity GIFT FAILS.

tries to give meaning to words used in will, not change the meaning.

Question 3

Patent Ambiguity

Answer 3

Mistake on face of will, extrinsic evidence is admissible.

modern trend is to admit all types of evidence to cure Patent and well as Latent ambiguities.

Question 4

Contracts Relating to Wills

Answer 4

Contract to make will or not to revoke can be only established by:

provision in will stating contract exists AND stating material provisions of contract OR binding enforceable agreement.

Question 5

Effects of Words of Disinheritance in Will

Answer 5

Common Law: when will does not make complete disposition of estate, words of disinheritance are ineffective.

UPC: Applies Negative Bequest Rule

Question 6

Negative Bequest Rule

Answer 6

Will can provide how property SHALL NOT be disposed of, meaning that words of disinheritance are given effect.

Question 7

NonProbate Assets

Answer 7

property held JTROS, Property passing through contract, trust, property over which decedent held power of appointment, insurance contracts.