DAVID A. SILVERSTONE
FLORIDA PROBATE AND ESTATES LAWYER.
Will Interpretation
Sometimes a will has a provision that turns out to be vague or ambiguous. For example if a will states that ‘I leave all of my General Electric stock to my son, Jim”, and before his death Jim’s father sells the General Electric stock, and uses the money to buy ATT&T stock. Does Jim get the ATT&T stock, or does he get nothing? This is a question of will interpretation.
Another example: if a will states “to my daughter Sara I leave my condominium and all of its contents”, does that include stock certificates and the bank accounts represented by savings passbooks within the condominium? Does it include cash found in a drawer in the condominium? Or does it just include typical contents of a home, such as furniture, furnishings, and décor?
In both of these examples, it is necessary to determine the intent of the testator when he put these provisions in the will. Generally other provisions of the will are examined, along with the Florida statutes regarding will interpretation.
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