Wills and Trusts Bar Practice Exam

Extrinsic evidence can be utilized to interpret a will when there are latent or patent ambiguities present. A latent ambiguity arises when a will's language appears clear on its face but leads to uncertainty when applied to external facts or circumstances. For instance, if a testator names beneficiaries but it is unclear which individuals they are referring to, extrinsic evidence can help clarify their intent. A patent ambiguity is evident on the face of the will, meaning there's an apparent inconsistency in the wording that creates uncertainty about the testator’s intentions. In both situations, extrinsic evidence—such as prior drafts of the will, communications between the testator and potential beneficiaries, or testimony regarding the testator’s intent—can be critical for interpreting the will correctly and ensuring the testator's wishes are honored.

The other scenarios do not support the allowance of extrinsic evidence. Using extrinsic evidence when the will is clear and unambiguous contravenes the principle that a clear document should be interpreted based solely on its content. The absence of surviving witnesses does not automatically warrant the introduction of extrinsic evidence to interpret the will, as witness presence or absence pertains more to the execution validity rather than interpretation. Lastly, a dispute from a beneficiary contesting the will does not