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  1. #1

    Default How to Interpret an Ambiguous Will Cause

    Hello all,

    Hoping someone can clarify how Wisconsin interprets potentially ambiguous language in a will.

    as follows " ... to be distributed in equal parts to X, Y and Z and the survivors of them."

    Are X,Y and Z viewed as a 'class', and if so "... the survivors of them" then refers to which of the following by Wisconsin law

    - survivors of the CLASS
    - survivors OF class members who predecease the decedent

    I only found Minnesota findings so far and that says 'survivors of the class'.

    Thank you.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Ambiguous Clarification

    I am skeptical that you're going to find case law treating that exact language - you can try sites like LexisOne or Google Scholar to see what you can come up with. No question, it's a poorly drafted provision. One thing to look at is how similar bequests in the will are worded - they might shed light on why that particular working was used for this specific bequest.

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