Extrinsic evidence refers to information or documentation that comes from outside a legal document, such as a will. This type of evidence is typically not accepted in court unless it is used to clarify ambiguities within the document. In the context of wills, extrinsic evidence can help interpret vague terms or resolve conflicts regarding the testator's intentions.
Extrinsic evidence is commonly used in probate law, especially when dealing with wills. Legal practitioners may invoke extrinsic evidence to:
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Here are a couple of examples of abatement:
Example 1: A testator names their niece Alicia in the will but has two nieces with the same name. Extrinsic evidence, such as family correspondence, may clarify which niece was intended.
Example 2: A will states that a property is to be given to "my favorite niece." If the term is ambiguous, extrinsic evidence may be used to identify the intended beneficiary based on the testator's relationships. (hypothetical example)
| State | Extrinsic Evidence Rules |
|---|---|
| California | Allows extrinsic evidence to clarify ambiguities, both latent and patent. |
| New York | Generally does not permit extrinsic evidence for patent ambiguities. |
| Texas | Permits extrinsic evidence if it helps resolve ambiguities, focusing on the testator's intent. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Differences |
|---|---|---|
| Intrinsic Evidence | Evidence contained within the document itself. | Extrinsic evidence comes from outside the document, while intrinsic evidence is found within it. |
| Patent Ambiguity | Ambiguity that is evident on the face of the document. | Extrinsic evidence is often not admissible for patent ambiguities, while it may be for latent ambiguities. |
If you find yourself dealing with a will that contains ambiguous language, consider the following steps:
If the situation is complex, obtaining professional legal help is advisable.
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Extrinsic evidence is information from outside a legal document that helps clarify its meaning.