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Interpretation and Construction

Interpretation and Construction. Interpretation. Determine testator’s actual intent from will or permissible extrinsic evidence. Construction. Determine testator’s presumed intent from will or permissible extrinsic evidence. When issue arises?. 1. Before probate (not often)

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Interpretation and Construction

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  1. Interpretation and Construction

  2. Interpretation • Determine testator’s actual intentfrom will or permissible extrinsic evidence.

  3. Construction • Determine testator’s presumed intentfrom will or permissible extrinsic evidence.

  4. When issue arises? • 1. Before probate (not often) • 2. After probate (most common)

  5. Who raises issue? • 1. Personal Representative • 2. Beneficiaries and heirs

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