Section 18.27 Use of Extrinsic Evidence to Resolve Ambiguities

• Library: Estate Administration 2014 Supp

B. (§18.27) Use of Extrinsic Evidence to Resolve Ambiguities

Extrinsic evidence is admissible to resolve ambiguities in some circumstances. Extrinsic evidence can be used to determine the settlor’s intent when a term is missing or ambiguous. Schupbach v. Schupbach, 760 S.W.2d 918, 923 (Mo. App. S.D. 1988). The court in Breckner v. Prestwood, 600 S.W.2d 52 (Mo. App. E.D. 1980), distinguished the various circumstances under which various types of extrinsic evidence is or is not admissible to resolve latent and patent ambiguities. The court stated that extrinsic evidence of circumstances in a testator’s life is admissible to help resolve latent ambiguities when the type of extrinsic evidence contemplated is evidence of objective, operative facts that give precise and explicit meaning to the language used by the testator and, therefore, compel a clear inference of the testator’s exact intent. Id. at 55.

The court further stated that this evidentiary rule may also be used to aid in the interpretation of:

· a patent ambiguity of a will to determine the amount, nature, extent, and condition of a testator’s property;

· the testator’s relation to or association with others having an interest in the property;

· any motives that could

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