Will Interpretation Disputes

When a person leaves behind a will, you assume that the distribution of assets will go fairly smoothly. However, this is not always the case.

When a decedent’s will contains ambiguous language, interested parties may bring a will construction action. A will construction action is a legal process where a court interprets ambiguous language in a will to determine the creator’s true intent. It is used when the document is unclear, poorly written, or complex, and the court may consider outside evidence, such as the testator’s notes or witnesses’ testimony, to resolve the ambiguity. This differs from a will contest, which is a challenge to the will’s validity, and is typically filed by the executor or other interested parties.

Interpretation of the Will

Beneficiaries, heirs, or other stakeholders may seek to litigate how to interpret the will through this kind of action. Ambiguities can arise for many reasons, such as when a clause refers to multiple beneficiaries or assets, when it includes a group gift, or when a gift is conditioned on some event.

In interpreting the will, the court typically gives words their ordinary, everyday meaning. If legal terms are used (such as “heirs” or “residuary”), then their accepted legal definitions may apply.
But when the ordinary meaning is unclear, the court may look beyond the text. For instance, if the testator used a lawyer, the language might reflect the lawyer’s conventions rather than the testator’s precise intent.

Mistake and Revision

Some state statutes permit a court to rewrite a provision, but only when there is clear and convincing evidence of the testator’s actual intent. But even then, the courts are cautious. Most courts prefer to interpret what is written rather than re-draft the words, and they will only “edit” language when it is unintelligible or unworkable as written.

In doing so, the court may rely on extrinsic evidence, which may include notes from the attorney, statements by the testator, or testimony from people who knew how the testator used certain words.

Rules of Construction

If the extrinsic evidence is still insufficient to clear up the ambiguity, the court falls back on established “rules of construction” developed by statute or case law. These rules are designed to infer what a reasonable person in the testator’s position would have meant.

Common presumptions include:

• The testator intended to dispose of all their property by the will (rather than leaving part to intestacy).
• The will was meant to be valid.
• The testator would prefer family or heirs over strangers.
• Similarly situated heirs should receive similar treatment.

Also, certain phrases have been given consistent meanings: for example, “personal effects” often refers to items the deceased wore or carried or to which they had an intimate relationship, whereas “personal property” is usually broader than just real estate.

Seek Legal Help

Wills are not always clear-cut. The verbiage can be confusing and be subject to interpretation.

Need help deciphering your loved one’s will. Get probate assistance from Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. Let us assess your case and help you move forward. Schedule a consultation today by filling out the online form or calling 954-764-4330.

Source:

justia.com/probate/probate-litigation/will-construction-and-interpretation-litigation/