Interpretation Issues

Question 1

Testator Intent

Answer 1

Construe wills to give effect to the testator’s intention

Question 2

Four-Corners Rule

Answer 2

Give words in will their PLAIN MEANING

Question 3

Four-Corners Rule: No Ambiguity

Answer 3

If unambiguous, extrinsic evidence NOT admissible

Question 4

Four-Corners Rule: Ambiguity

Answer 4

If ambiguous, extrinsic evidence IS admissible

Question 5

Contextual Interpretation

Answer 5

Court must consider a provision in its relation to other portions of the will

Question 6

Entire Estate Presumption

Answer 6

Rebuttable presumption that testator intended to dispose of their entire estate

Question 7

Vesting

Answer 7

Indiana favors IMMEDIATE vesting upon testator’s death