How to Resolve Ambiguous Language in Wills and Trusts: A Complete Guide

The Quick Answer: If a Will or Trust Is Ambiguous, You Can Petition the Probate Court and Use Extrinsic Evidence to Clarify the Decedent’s Intent

Ambiguities in wills and trusts can cause serious confusion—and in many cases, disputes between heirs or beneficiaries. If language in the estate plan is unclear or contradictory, the best course of action is to file a petition for interpretation or instructions under the California Probate Code. Courts will then attempt to determine and honor the true intent of the person who created the document, using extrinsic evidence if necessary.

At Moravec, Varga & Mooney, we represent beneficiaries, trustees, and fiduciaries in resolving these ambiguities before they escalate into costly litigation.

What Is Ambiguous Language in a Will or Trust?

Ambiguous language refers to terms or phrases in a will or trust that are:

• Unclear or vague (e.g., “my savings” or “my property”)

• Inconsistent with other parts of the document

• Incomplete, such as missing names or amounts

• Outdated, especially in the context of family changes or revised laws

Ambiguities can appear in:

• Distribution clauses

• Definitions of beneficiaries

• Gift descriptions

• Amendments or handwritten modifications

Most Common Ambiguity Types  

Type	Definition	Example	Legal Risk
Patent Ambiguity	Obvious contradiction on the document's face	"I leave $100K to my son David and $100K to my son David"	Court may void duplicate clause
Latent Ambiguity	Clear wording becomes unclear when applied	"I leave my home to my daughter" (owns 3 homes)	Requires extrinsic evidence
Extrinsic Ambiguity	Needs outside context to interpret	"I leave the collection to my partner"	High litigation risk

Step 1: Determine Whether the Language Is Legally Ambiguous

Not every confusing clause is legally ambiguous. Courts define ambiguity as a provision that is:

• Reasonably susceptible to more than one interpretation

• Internally inconsistent or contradictory

• Incomplete in a way that prevents clear execution

If the ambiguity affects how the estate is distributed or managed, it’s usually worth resolving through legal means.

Step 2: Gather the Document and Supporting Records

Start by collecting:

• The full will or trust

• Any amendments, codicils, or restatements

• Drafts or prior versions

• Handwritten notes or margin edits

• Emails, letters, or written instructions from the decedent

This supporting information can form the basis for extrinsic evidence—proof outside the document itself that helps clarify meaning.

Step 3: Petition the Probate Court for Instructions

In California, the solution to a legal ambiguity is usually to file:

• A Petition for Instructions (if the issue relates to a trust, under Probate Code §17200), or

• A Will Interpretation Petition (if the issue arises during probate)

The court then holds a hearing to determine how the document should be interpreted. Beneficiaries, trustees, and executors may be required to appear or provide declarations.

Step 4: Use Extrinsic Evidence to Show the Decedent’s Intent

Extrinsic evidence refers to anything outside the document that helps the court understand the decedent’s actual wishes. This can include:

• Letters or emails from the decedent

• Testimony from the estate planning attorney

• Earlier drafts of the will or trust

• Statements made to friends or caregivers

• The decedent’s known estate planning goals

California courts can use extrinsic evidence—even if the will or trust appears unambiguous on its face—so long as it helps prevent an unjust or mistaken outcome.

Real-World Example: Estate of Duke (2015)

While we’re not citing case law in this guide, it’s worth noting that California courts have confirmed their authority to reform estate documents that contain clear mistakes, so long as the decedent’s true intent can be established by clear and convincing evidence.

Step 5: Avoid Ambiguity Before It Starts (If You’re Drafting or Updating a Plan)

If you’re planning your estate now, you can prevent future disputes by:

• Using precise and consistent language throughout

• Defining key terms like “issue,” “descendants,” or “residue”

• Clearly identifying all beneficiaries and backup plans

• Working with an experienced estate planning attorney

• Updating your plan after major life changes like marriage, divorce, or the birth of a child

When to Get Legal Help

You should consult a probate litigation attorney if:

• The trust or will contains unclear language that affects distributions

• Beneficiaries are interpreting the language differently

• You’re a trustee unsure how to act under ambiguous terms

• A family member is threatening to contest based on unclear provisions

At Moravec, Varga & Mooney, we resolve these disputes through petitions, negotiations, or—when necessary—courtroom litigation.

Speak to California Probate Attorneys Who Handle Ambiguous Wills and Trusts

If you’re facing uncertainty over the language in a will or trust, don’t guess or wait—unclear terms can lead to lost inheritances or court battles. At Moravec, Varga & Mooney, we help clients across California resolve ambiguity and ensure the estate plan is carried out the way it was intended.

📞 Contact us today to schedule your consultation and gain clarity.