Introduction

Drafting a will with clarity is essential to prevent disputes, but even the most carefully written wills can sometimes lead to ambiguity. When the language in a will is unclear, courts may turn to extrinsic evidence to uncover the testator’s true intentions. This evidence, which includes family knowledge or external documents, helps interpret ambiguous terms and ensures the will is carried out as intended.

This article explores the role of extrinsic evidence in resolving will disputes. It discusses how courts use such evidence to clarify ambiguous language, identify beneficiaries, and determine asset distribution. By examining real-life cases and legal principles, this guide provides insights into the practical implications of extrinsic evidence for estate planning and will drafting.

The Role of Extrinsic Evidence in Will Disputes

The term “will dispute” can refer to two very different legal actions in New South Wales: contesting a will for more provision, or challenging a will’s fundamental validity. The article you are reading explains how extrinsic evidence—information from outside the will—is used to resolve ambiguities. This tool can be crucial in both types of disputes.

Basis of the Claim	Contesting a Will (Family Provision Claim)	Challenging a Will’s Validity
The Argument	“The will is valid, but the deceased did not make adequate provision for my maintenance and support.”	“The will itself is not valid due to issues like lack of capacity, undue influence, or forgery.”
The Goal	To have the court increase your provision from the estate, giving you a larger share.	To have the court invalidate the entire will. An earlier will or intestacy rules would then apply.
Role of Extrinsic Evidence	Conditional. The main evidence is about your financial needs and relationship. Extrinsic evidence is only used to clarify an ambiguous term within the will that affects your claim (e.g., an incorrect property address for a gift you received).	Essential. The entire case is built on extrinsic evidence. You must use evidence from outside the will (e.g., medical records, witness testimony about coercion) to prove the will is illegitimate.

This guide focuses on the rules for using extrinsic evidence to resolve ambiguous language—a problem that can occur in any estate matter. As the case studies in this article show (e.g., Estate of Kandros), this process is vital for interpreting a will’s true meaning when its wording is unclear or contains a mistake.

Overview of Extrinsic Evidence in Will Disputes

How External Evidence Clarifies Ambiguities

Extrinsic evidence refers to information outside of a will that helps clarify the testator’s intentions when the will’s language is ambiguous. This evidence is crucial when a will’s language is unclear, as it assists courts in understanding the testator’s true intentions and ensuring the will is interpreted correctly.

This type of evidence can include:

• Family knowledge
• External documents
• The testator’s prior statements

For example, if a beneficiary’s name is misspelled, extrinsic evidence like the testator’s instructions can help identify the correct beneficiary.

Identifying Beneficiaries & Assets

Extrinsic evidence helps resolve disputes over beneficiary identities and asset descriptions. By providing context and resolving ambiguities, it plays a vital role in upholding the testator’s intentions and preventing disputes.

For instance, if a will bequeaths a property with an incorrect address, extrinsic evidence can correct this error, ensuring the intended beneficiary receives the asset. This evidence might include:

• The testator’s statements
• Documents that clarify the intended description

Courts may consider this evidence to ensure the will is administered as the testator intended, thereby maintaining fairness and clarity in estate distribution.

Applying Extrinsic Evidence to Interpret Wills

Explaining Ambiguous Will Language

Ambiguous language in a will can lead to confusion and disputes among beneficiaries. Extrinsic evidence plays a crucial role in clarifying such ambiguities by providing context that helps determine the testator’s true intentions.

The case of Estate of Aspasia Kandros [2019] NSWSC 757 illustrates this principle effectively. In this instance:

• The testator bequeathed a property with an incorrect address
• The court used extrinsic evidence to identify the correct property
• The daughter’s testimony about the property’s physical features proved instrumental in resolving the confusion

This case clearly demonstrates how extrinsic evidence can resolve ambiguities that arise from unclear or incorrect descriptions in a will.

Clarifying Beneficiaries & Asset Distribution

Extrinsic evidence is essential for identifying the correct beneficiaries and assets when the will’s language is ambiguous. This evidence becomes particularly valuable in situations such as:

• When a will bequeaths property to someone with a common name (e.g., “my cousin John”) and the testator has multiple relatives with that name
• When family relationships and the testator’s intentions need clarification
• When a will describes an asset inaccurately

By utilising extrinsic evidence in these scenarios, courts can determine the intended beneficiary and clarify asset descriptions. This approach ultimately prevents disputes and ensures the will is administered according to the testator’s original intentions.

The Court’s Process for Using Extrinsic Evidence

When Courts Look Beyond the Will

Courts typically consider extrinsic evidence in will disputes only when the will’s language is ambiguous or unclear. This situation commonly arises when a beneficiary’s description or an asset’s details are confusing or incomplete.

For example:

• If a will leaves property to “my cousin John” but the testator has multiple cousins with that name, the court may examine external evidence to determine the intended recipient
• When an asset is incorrectly described, such as a property with the wrong address, courts may use additional information to identify what the testator truly meant

Key situations where courts may look beyond the written will include:

Situation	Explanation
Ambiguous beneficiary descriptions	When a name or description in the will could apply to more than one person.
Misdescribed assets	When property or asset descriptions in the will do not match the testator’s actual possessions.
Latent ambiguities	When descriptions that seem clear on their face become unclear only during the will administration process.

Throughout this process, the court’s fundamental goal remains consistent: to interpret the will in a way that accurately reflects the testator’s genuine intentions, even when faced with unclear wording.

What It Means for Beneficiaries & Family Members

Understanding the court’s approach to extrinsic evidence provides important reassurance to beneficiaries and family members. This process ensures that a testator’s intentions are honoured, even when the will contains imperfect or unclear language.

For beneficiaries specifically, this means that unclear or incomplete information in a will doesn’t necessarily invalidate their claim. Instead, there exists a legal mechanism to resolve such ambiguities fairly and systematically.

Family members can take comfort knowing that courts make concerted efforts to honour the testator’s wishes through careful interpretation. This approach helps avoid situations where technical errors or unclear wording might otherwise defeat the testator’s true intentions.

Ultimately, the use of extrinsic evidence serves as an important safeguard in the legal system, ensuring that wills are interpreted with the primary goal of carrying out the testator’s intentions as accurately as possible.

Case Studies: Extrinsic Evidence in Action

Estate of Aspasia Kandros

The Estate of Aspasia Kandros [2019] NSWSC 757 illustrates how extrinsic evidence can resolve ambiguities in a will. The testator bequeathed a property but provided an incorrect address, specifying “street number 5” when the property was actually “unit 5.”

To determine the testator’s true intentions, the court allowed extrinsic evidence, including the daughter’s testimony about the property’s physical features. This case highlights the importance of extrinsic evidence in clarifying misdescriptions and ensuring the testator’s intentions are honoured.

Key points from this case include:

• The testator’s will contained a misdescription of the property
• Extrinsic evidence, such as the daughter’s testimony, was used to identify the correct property
• The court found that the testator intended to bequeath the property despite the incorrect address

Middleton v Schofield

The 2022 case of Middleton v Schofield [2022] NSWSC 1454 demonstrates the role of extrinsic evidence in interpreting ambiguous property descriptions. The will referred to a property called “Caringa,” which could refer to either one property or three contiguous properties.

To determine the testator’s intent, the court considered extrinsic evidence, emphasising the importance of precise drafting to avoid disputes. This case underscores how extrinsic evidence can help resolve ambiguities when the will’s language is unclear.

Key points from this case include:

• The will’s reference to “Caringa” was ambiguous, requiring extrinsic evidence to resolve
• The court considered the testator’s intent and the context in which the will was made
• The case highlights the need for clear and precise language in will drafting to minimise disputes

Implications for Estate Planning & Drafting Your Will

Avoiding Ambiguities in Your Will

Drafting a clear and unambiguous will is essential to prevent disputes and ensure your intentions are honoured. To avoid ambiguities, consider the following strategies:

Strategy	Action Required
Use Precise Language	Clearly define beneficiaries and assets. For example, instead of “my cousin John,” specify “my cousin John Michael Smith.”
Avoid Vague Terms	Refrain from using terms like “my property” without providing specific details. Instead, include addresses or descriptions to identify assets accurately.
Include Contingency Plans	Name alternative beneficiaries in case a primary beneficiary predeceases you.
Regular Reviews	Update your will after significant life events, such as births, deaths, marriages, or divorces, to reflect your current wishes.

Seeking Professional Legal Advice

Consulting an experienced wills and estate lawyer ensures your will is drafted clearly and accurately. Legal professionals can:

Benefit of Legal Advice	Details
Ensure Compliance	Guarantees the will adheres to legal requirements and best practices in estate planning.
Address Complex Situations	Provides expert handling for circumstances such as blended families, business interests, or significant assets.
Prevent Disputes	Helps by anticipating potential issues and structuring the will to avoid ambiguities from the outset.

By seeking professional legal advice, you can create a will that reflects your true intentions and minimises the risk of disputes. This ensures peace of mind for you and your loved ones. For tailored guidance and expert support, contact PBL Law group today to discuss your case with our experienced team.

Conclusion

Extrinsic evidence plays a crucial role in resolving ambiguities in will disputes by providing context that helps courts interpret the testator’s true intentions. Courts may consider external information, such as family knowledge or documents, to clarify unclear language, identify beneficiaries, and determine asset distribution. The use of extrinsic evidence ensures that the will is administered as the testator intended, even when the wording is unclear.

If you are involved in a will dispute, be it a Family Provision Claim or challenging a will’s validity, or need assistance with estate planning, contact PBL Law Group, experienced wills and estate lawyers in NSW. Our expertise can guide you through complex legal matters, ensuring your interests are protected and your intentions are honoured.

Frequently Asked Questions