Will interpretation

Question 1

what is patent ambiguity

Answer 1

obvious ambiguity and can consider extrinsic evidence to solve ambiguity

Question 2

what is latent ambiguity

Answer 2

language clear on its face but need further clarification and can consider extrinsic evidence to solve ambiguity

1. i leave to bro P and sis E…but u have bro E and sis P
2. leave my car to J but testator had two cars
3. leave 10 k to my cuz F but have two cousins

Question 3

no ambiguity but a mistake

how to solve under trad’l rule aka plain meaning rule

how to solve under modern rule

Answer 3

ex: i leave $100 but T left out a zero

1. plain meaning: NO extrinsic evidence
2. modern: some jx allow extrinsic evidence

Question 4

list (4)

when can T incorporate an extrinsic doc

Answer 4

1. intent to include extrinsic doc
2. writing is in existence at time will executed
3. document suff described in will
4. clearly ID the extrinsic doc

Question 5

conditional wills

Answer 5

wills that are operative if a condition occcurs or doesnt occur

Question 6

repubication by codicil

Answer 6

modifies Will

will and codocil are treated as one instrument

Question 7

pour over gift

Answer 7

provision in a will making a gift to an inter-vivos trust

Question 8

integration

Answer 8

show that all pages at time of will execution are the same when will is probated

Question 9

contractual will

Answer 9

will treated like a contract ie T will leave to B if B takes care of T in T’s old age

under modern law: need a separate writing that is a contract