Ambiguity In a Will or Trust Can Cause Legal Problems

Ambiguity can be a strategic choice. Perhaps a speaker wants to leave a vague impression, offending no one. Maybe a writer hopes the reader will fill in intentional blanks. In a will or trust, though, ambiguity is almost always a problem. When a provision can be read two (or more) different ways, disappointment and disagreement often follows. In drafting estate planning documents, lawyers try hard to avoid any ambiguity. That’s a large part of the reason “legalese” sounds the way it does. But unintended problems often creep into estate planning documents. “Do-it-yourself” estate planning documents are often problematic. We have seen some terrifically ambiguous phrases in wills and trusts written by the decedent. The author might have known precisely what they meant when they wrote. But the rest of us are left trying to figure out what was intended. And how do we resolve ambiguity? By asking a judge to give direction. If everyone affected has an opportunity to weigh in, a judge might be able to reach a fair and correct decision. But at a cost, of course. Or maybe everyone could agree. They might be able to get a portion of what they hoped for, while avoiding a total loss. That kind of settlement can make sense and save time, money and animosity. But that’s a story for another time.