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  • Q-In The Interpretation of Wills, What Are The Kinds of Ambiguity and How Are They Resolve? Answer - Kinds of Ambiguity

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    Fen Mars
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    There are two kinds of ambiguity in wills: 1. Patent or apparent ambiguity which appears on the face of the will, such as failing to specify which brother should inherit half of the estate. 2. Latent or hidden ambiguity which is unclear until applying the provisions of the will, like failing to specify which of multiple properties is being bequeathed. Ambiguities can be resolved by admitting any relevant and admissible evidence according to the Rules of Court, except for oral declarations by the testator which cannot be verified after death. If ambiguity cannot be cured after considering evidence, the ambiguous part of the will may be annulled.

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    Civil Law

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    Kinds of Ambiguity

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    There are two kinds of ambiguity in wills: 1. Patent or apparent ambiguity which appears on the face of the will, such as failing to specify which brother should inherit half of the estate. 2. Latent or hidden ambiguity which is unclear until applying the provisions of the will, like failing to specify which of multiple properties is being bequeathed. Ambiguities can be resolved by admitting any relevant and admissible evidence according to the Rules of Court, except for oral declarations by the testator which cannot be verified after death. If ambiguity cannot be cured after considering evidence, the ambiguous part of the will may be annulled.

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    58 views1 page

    Q-In The Interpretation of Wills, What Are The Kinds of Ambiguity and How Are They Resolve? Answer - Kinds of Ambiguity

    Uploaded by

    Fen Mars
    There are two kinds of ambiguity in wills: 1. Patent or apparent ambiguity which appears on the face of the will, such as failing to specify which brother should inherit half of the estate. 2. Latent or hidden ambiguity which is unclear until applying the provisions of the will, like failing to specify which of multiple properties is being bequeathed. Ambiguities can be resolved by admitting any relevant and admissible evidence according to the Rules of Court, except for oral declarations by the testator which cannot be verified after death. If ambiguity cannot be cured after considering evidence, the ambiguous part of the will may be annulled.

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    SAHILLIA S.

    ASADIL Question #2
    Q- In the interpretation of wills, what are the kinds of
    ambiguity and how are they resolve?
    AnswerKinds of Ambiguity:
    a. Patent, apparent.-- that w/c appears in the face of the will, e.g.,
    "I give 1/2 of my estate to one of my brothers." Who among the
    brothers? This is patently ambiguous.
    b. Latent, hidden.-- perfectly unclear on its face. The ambiguity
    does not appear until you apply the provisions of the will, e.g., "I
    give to Ann the prop. intersecting Sta. Maria and Tumaga.
    The ambiguity is determined only when the will is probated. That
    is, when it appears that I am the owner of all the 4 corners of the
    lot. Now, w/c of those lots?
    Q: How will are they resolve?
    A: You can admit any kind of evidence as long as relevant and
    admissible according to the Rules of Court. This includes written
    declarations.
    Except: Oral declarations of the testator. Why? Because they
    cannot be questioned by the deceased. Also, because they are
    easy to fabricate.
    If in spite of evidence you still cannot cure ambiguity, then annul
    the will. If the ambiguity is patent, disregard the will. If latent,
    look into the evidences allowed by law.

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