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Florida Probate Blog

Posts Tagged: will interpretation

Ambiguity and Extrinsic Evidence in Will Construction

Written by on Feb 17, 2009| Posted in: Probate Litigation

Third District Finds Latent Ambiguity in Will Language and Allows Parol Evidence to Determine Testator’s Intent What type of Proceeding is a Will Contruction Action? Under the Florida Probate Code, as in most other jurisdictions, proceedings to construe a will are adversary proceedings, unless otherwise ordered by the court, in which the moving party must give formal notice to all interested parties. After service of formal notice, the proceedings are to be conducted, as nearly as practicable, similar to suits of a civil nature and are to be governed by the Rules of Civil Procedure.

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