Wills - Other Wills Doctrines Flashcards
When is extrinsic evidence allowed to determine the meaning of the will’s terms?
Plain Meaning Rule: If there is no ambiguity - No extrinsic evidence.
If there is a misdescription (called latent ambiguity) then extrinsic evidence is allowed to resolve the latent ambiguity. [If ambiguity can’t be resolved then the gift would fail.
If there is mistake on the face of the will (known as patent ambiguity [ie. Twenty-Five ($25,000)], the majority of states would hold that extrinsic evidence is available. MA would likely allow two, but two century old cases say that its not allowed. Thus, you should mention.
What about if T left an unfilled blank space?
Courts will not fill in blanks in a will.
What about for mistake in the inducement?
No relief is granted (absent fraud).
What about fraud in the inducement?
Relief may be granted and court can construe will to fulfill the purpose.
When can a contract to make a will or not to revoke a will be established?
Only by:
(1) provisions in the will stating the material provisions of the contract, or
(2) express reference in the will to a contract and extrinsic evidence proving the contract’s terms; OR
(30 a writing signed by decedent evidencing the contract.
Oral promises to bequest are not enforceable.
If you do work in return for a promise to be in will, you could get Quantum Meruit if services were performed with reasonable expectation of payment.
What is the effect of express words of disinheritance in a will?
Words of disinheritance in a will are given full effect. Distributed as though the disinheritatance predeceased.
Can an attorney be held liable to the beneficiaries for negligence?
No, if hired by a trustee, no A-C relationship thus no duty. An attorney’s duty is to the executor or the trustee that retained them.
Rationale: Conflict between trustee and benefiacieries.
What about if hired by testator?
CL and Minority Rule says no b/c no privity of contract.
Emerging Majority Rule: A attorney also owes a duty t the intended beneficiary for his services. [Privity of contract rejected as a defense] Rationale - no conflcit of interests.
MA - Not considered, we don’t know. Talk about both views and privity of contract.]
