1. Ambiguity
Patent
Latent
No Apparent

2. 1. Patent Ambiguity Ambiguous on its face
“I leave to Erica Evans.”
“I leave my zdcix to Oliver Queen.”
“I leave _____________ to Harold Finch .”

3. 2. Latent Ambiguity
Makes sense on face but cannot be carried out as written.
Hultquist v. Ring – p. 189
In re Estate of Cohorn – p. 192

4. 3. No Apparent Ambiguity
Meaning is clear but can extrinsic evidence be used to “create” an ambiguity?
Gilkey v. Chambers – p. 194
Texas Supreme Court allows extrinsic evidence.
1947
5-4 decision
San Antonio Area Foundation v. Lang – p. 198
Texas Supreme Court adopts plain meaning rule (no extrinsic evidence).
2000
9-0 decision

5. Judicial Modification & Reformation
2015 Legislature overrules Texas Supreme Court’s opinion in San Antonio Area Foundation v. Lang.
Estates Code §§
Statute does, however, impose some limits.

6. Judicial Modification & Reformation
Only a personal representative may petition the court for modification or reformation.
A beneficiary lacks this ability.
However, the personal representative is often a beneficiary!

7. Judicial Modification & Reformation
Court needs a “good reason” to order modification or reformation such as:
Make administration more efficient,
Carry out tax objectives,
Assist beneficiary in getting gov’t benefits,
Correct a scrivener's error if clear and convincing evidence of the testator’s intent.
Preponderance of evidence insufficient

8. Judicial Modification & Reformation
All modifications must be done to conform to the testator’s “probable” intent.
Think will construction (dinosaurs).

9. Judicial Modification & Reformation
Personal representative has no duty to seek modification or reformation regardless of how likely court would grant it.
No liability for not seeking.
Personal representative does not have to tell beneficiaries about the availability of modification or reformation.

10. Judicial Modification & Reformation
Must be done within 4 years of date the will is admitted to probate.

11. Judicial Modification & Reformation
Good statute?
Bad statute?
Your opinion:
A. Good outweighs bad.
B. Bad outweighs good.
C. I am undecided; I still need to think about this.