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Wills • Changes in Beneficiaries
WILLS#037
Legal Definition
In California, extrinsic evidence is admissible to explain any ambiguity in a will—either latent or patent. It is not admissible to show a will provision has a meaning to which it is not reasonably susceptible.
Plain English Explanation
Imagine you're trying to assemble a complex LEGO set, but the instruction manual has some blurry steps. You're allowed to look at other sources, like online guides or videos, to figure out how to proceed. This is similar to what happens with wills in California. If a will is like an instruction manual with some confusing parts, the court allows you to bring in extra information to make sense of it. This could be anything from notes the person made while writing the will to testimony about their intentions. It’s like filling in the gaps in a puzzle. However, just like you can't use a video about a different LEGO set to justify changing the design of the one you're building, you can't twist the words of a will to mean something they clearly don't. The goal is to respect the wishes of the person who made the will, as accurately as possible, by clearing up any confusion.
Hypothetical
Hypo 1: Bob writes a will and wants to leave everything to his girlfriend, Amy. However, in the will, Bob says, "I leave my entire estate to my beautiful Sugar Bear." To help the court determine who "Sugar Bear" is, Amy offers a series of letters, texts, and Bob's phone where "Sugar Bear" is shown to be Bob's nickname for Amy and only Amy. Result: The court will allow this evidence.
