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Understanding Interpretation vs. Construction of Testator's Intent in Probate Process

Learn the crucial differences between interpretation and construction of a testator's intent in probate, including determining actual vs. presumed intent with extrinsic evidence. Explore when issues arise before or after probate and who can raise them - personal representatives, beneficiaries, and heirs.

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Understanding Interpretation vs. Construction of Testator's Intent in Probate Process

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Presentation Transcript

  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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