1-561-514-0900 FREE CONSULTATION

What Happens if the Language in a Palm Beach Will is Unclear?

Uncategorized Apr 22, 2019
post about What Happens if the Language in a Palm Beach Will is Unclear?

What if the language in a Boca Raton trust is not clear? What happens if a certain provision in a trust can be interpreted to mean two different things? When do I need a probate litigator to help me identify the true meaning of a provision in a Florida will? A June 20, 2012 Third DCA case , Glenn v. Roberts, demonstrates  how easy it is for people to read the same document but interpret it differently.

When Florida estate planning lawyers prepare estate plans, they try their best to make the document clear. One thing Florida trust and estates attorneys need to do is identify who’s going to inherit money and how much. If there’s a trust, they have to tell the trustee what to do with income and principal. Sometimes, even if an estate planning attorney prepared the documents, interpreting a Florida trust or will can be difficult. West Palm Beach probate lawyers know that confusing provisions can lead to construction actions. A construction action involves construing, or interpreting, what a written document says. Construction actions occur to determine the meaning of contracts, deeds, marital settlement agreements, wills, trusts, etc. In a construction action, one of he threshold issues is whether a provision is ambiguous or not. A trust and estates litigator can tell you that, just because two people look at a document and don’t agree with what it means, does not necessarily mean the document is ambiguous. Most probate judges in Florida will read a document, or a provision, in a  trust and tell you whether they believe it is ambiguous or not. If the judge does not believe it is ambiguous, the judge will rule and tell you what he interprets the document or provision to mean. However, if the document is ambiguous, a probate court judge is permitted to hear parole evidence, intrinsic evidence, testimony , etc. to determine what was intended by the parties when the document was drafted.

In Glenn v. Roberts, the provision in question states ” I hereby give, devise and bequeath all of the rest, residue and remainder of my estate, both real and personal, of whatsoever the same may be situate unto my friend, Terry Glenn, having full confidence he will honor all request made to him by me prior to my death as to friends whom I desire he benefit.” What does this mean? Does this mean that Terry Glenn inherits anything? Click here to find out what the Third DCA said.