Plain Meaning & Reformation Flashcards
Plain Meaning Rule says that…
a) If the words of the will are clear on their face, even if wrong, no extrinsic evidence of contrary intent is admissible
i. No reformation of a will after the fact is going to happen
When is extrinsic evidence traditionally admitted?
extrinsic evidence is admissible only if there is an latent ambiguity or patent ambiguity in the will OR if the evidence goes to the validity of the will
What is patent ambiguity
An ambiguity that is apparent on the face of the will; exists where the words on the face of the will do not make sense
is extrinsic evidence admissible for patent ambiguity?
No — extrinsic evidence is not necessary to recognize the ambiguity
What is latent ambiguity
(a) An ambiguity that isn’t apparent on the face of the will
(b) A latent ambiguity manifests itself only when the terms of a will are applied to the facts
Two types of latent ambiguity?
(a) Equivocation
(b) No exact fit
What is equivocation
(1) When the language in the will fits two or more people or things exactly
a. Example: niece Alicia is named in the will, but decedent has two nieces named Alicia
What is exact fit?
When a description in a will does not exactly fit any person or object but partial fits two or more people of things
is extrinsic evidence admissible for latent ambiguity?
YES – extrinsic evidence is admissible to resolve latent ambiguity
What is the standard for extrinsic evidence
Clear and evidence (lawyers testimony is the only thing that fits this standard)
Reformation rule
Reformation (to correct a mistaken in the will) will only be granted upon clear and convincing evidence of scrivener’s error
(a) Clear and convincing evidence means that the scrivener offers testimony indicating that she made a mistake
