A well-drafted will is clear, specific, and accounts for changing circumstances. But not all wills are well-drafted — and even careful testators cannot always anticipate every situation that might arise between when a will is signed and when they die. When the language of a will could reasonably be interpreted in more than one way, the will is considered ambiguous, and the court must resolve the ambiguity before the estate can be properly distributed.
Seven Examples of Ambiguous Will Provisions
- A bequest of real estate that was sold before death. If a testator left “my house at 123 Main Street” to a specific heir but sold that house years before dying, the bequest may lapse or be void. Courts must determine whether the testator intended the bequest to apply to any replacement property or whether the legacy simply failed.
- A bequest of personal property no longer owned at death. Similar issue with tangible personal property — jewelry, artwork, a vehicle — that was given away, sold, or destroyed before the testator died.
- A bequest to a minor child with no age qualification. Some bequests are meant to be held until a child reaches adulthood, but an ambiguously worded will may not specify this, creating questions about whether a tutor or guardian must receive the inheritance on the child’s behalf.
- A bequest of a financial account that no longer exists. Bank accounts change. A specific bequest of “my savings account at XYZ Bank” may be void if that account was closed and the funds moved elsewhere.
- A bequest to someone who predeceased the testator. When a named beneficiary dies before the testator, the legacy typically lapses unless the anti-lapse statute or alternative beneficiary provisions apply. Ambiguities arise when the will’s language is unclear about whether the bequest should pass to the deceased legatee’s heirs.
- Language that could describe more than one potential beneficiary. A bequest to “my nephew John” when there are two nephews named John creates ambiguity about which person the testator meant to benefit.
- A gift of an asset the testator did not fully own. A testator who bequeaths “the lakehouse” without accounting for the fact that the lakehouse was community property owned half by the surviving spouse creates interpretive questions about what the testator intended to leave.
How Louisiana Courts Resolve Ambiguity
Louisiana law provides that the testator’s intent controls the interpretation of a will. When the words are clear, no further inquiry is needed — the plain language controls. When the words are unclear, the court may consider extrinsic evidence — circumstances surrounding the execution of the will, the testator’s relationships, statements made to the attorney who drafted the will — to determine what the testator most likely intended.
Protecting Your Inheritance When a Will Is Ambiguous
If you are an heir and the estate’s distribution is unclear because of ambiguous will language, your interests may not align with those of other heirs or the succession representative. An attorney can evaluate the ambiguity, advise you on how the court is likely to interpret the will, and represent your position if the interpretation is disputed.
Contact Scott Law Group — Estate Counsel or call (504) 264-1057 to discuss an ambiguous will or any Louisiana succession dispute.
This article provides general information about Louisiana succession law and is not legal advice for your specific situation.