Brief Fact Summary. Testator’s will did not include the name of the residual beneficiary. Appellant attempted to offer extrinsic evidence to cure this ambiguity.
Synopsis of Rule of Law. Extrinsic evidence will be admissible to interpret an ambiguity in a will but will not be admissible to add a provision not already in the will.
However, it can be utilized only for the purpose of interpreting something actually written in the will and never to add provisions to the will.View Full Point of Law
Issue. Can the Court look at extrinsic evidence to provide the missing name of a residual beneficiary in the testator’s will?
Held. No. Extrinsic evidence can be used to clear up an ambiguity in a will but only for the purpose of interpreting something already in the will not to add a provision to it.
Discussion. General rule in construing a will is that the testator’s intent controls. However, if when the language of the will on its face is meaningless or ambiguous then a court may examine extrinsic evidence to interpret the will. The Court notes the ambiguity in this will is one that cannot be corrected by extrinsic evidence because they can only interpret not supply a name where one does not exist.