There are times when the family reads the will for the first time after a loved one passes away and discovers some discrepancies in the language used. This can create confusion about certain terms of the will and leave the executor or personal representative wondering how to proceed with estate administration. Ambiguity exists when a certain word or phrase is capable of being interpreted or understood in two or more different ways.
When this happens, the first rule of thumb is to apply what is known under the law as the Plain Meaning Rule. The Plain Meaning Rule is a type of statutory construction in which legal documents are to be interpreted using the ordinary meaning of the language contained in the document. A notable exception to the Plain Meaning Rule is if the ordinary meaning of the language would create a result that would be cruel or absurd. This rule requires that words be attributed their ordinary meaning, technical terms are attributed their technical meaning and local dialect or cultural terms should be recognized as applicable.
If the Plain Meaning Rule does not solve the ambiguity, the court then attempts to review the entirety of the document to determine whether the ambiguity can be resolved by other passages or references. Taking the document as a whole may provide clarity for certain ambiguous passages. If that also does not clear up the confusion, the court may consider extrinsic evidence.
In Maryland, there are two formal exceptions involving will interpretation in which the courts will allow extrinsic evidence to be presented rather than simply relying on the Plain Meaning Rule. The first exception is called a latent ambiguity exception and the second is to present evidence of the facts and circumstances of the drafter’s situation at the time of drafting the will.
Historically, the law of will interpretation was very formal and rigid. It has gradually changed to a more organic approach that seeks to understand the testator's mindset and intentions. If you are reading a will or trust document and do not understand some of the language used which is causing issues in administering the estate or trust, contact one of the experienced estate planning attorneys at Stouffer Legal in the Greater Baltimore area. Our attorneys will be able to help you determine whether the Plain Meaning Rule can be applied or if extrinsic evidence will need to be examined to determine the best course of action and how to proceed.
The more precise the terms and language you use in your will, trust or other estate planning documents, the more likely your final wishes will be carried out. Draft it correctly on the front end to avoid ambiguity and confusion later by using an experienced estate planning attorney to draft your will, trust and other estate planning documents.
