A Last Will and Testament is written down but like anything ever written down it may be subject to multiple interpretations. Are you sure that it says what you think it says? Clearing up ambiguities in West Palm Beach will contests can be tricky – after all the guy who wrote it is no longer around! Are you prepared to fight and show the will’s true meaning? Check out this case out of the Fourth District Court of Appeal where parties went to bat over the terms of a contract.
Wills in West Palm Beach
- Much like a contract or other legal document a will is subject often times to multiple interpretations.
- Experienced West Palm Beach probate litigators know that when writing a will there are ways to eliminate ambiguities.
- That does mean they never show up, so watch out.
- So what are you going to do when the West Palm Beach probate court misinterprets your loved one’s Last Will and Testament?
- You may have to petition the court for an evidentiary hearing on the ambiguity.
- You are going to have to show what the intent of the testator was and how the court has misinterpreted it.
- You are going to have to show and put on some evidence, merely reading the will differently is probably not enough.
- How do you plan on showing this is what the party actually intended?
- Want to learn more about how West Palm Beach probate courts interpret ambiguous provisions?
- Check out this new case out of the Fourth District Court of Appeals.
Ortho. Specialists v. All-State Ins. Co.
- This was something known as a consolidated appeal.
- Thirty two different cases were consolidated on appeal so that the Court of Appeals could interpret an “ambiguous provision” in a contract.
- The trial court had said that the contracts at issue were not ambiguous and thus should receive a plain reading.
- On appeal the review court disagreed noting the dissonance such an interpretation would yield.
- Is the will being read wrong?
- Is it clear that is not what your loved one (the testator) intended?
- You may have grounds to challenge the ambiguous text and to show what it really means.
Want to learn more about court’s interpretation(s) of ambiguous terms?
Check out the entire case by clicking here.