Parol Evidence From Drafting Attorney Needed to Clear Up Ambiguous Will
A Florida
appeals court rules that an affidavit from the attorney who drew up a
will may be used to clear up an ambiguity in the will.
Harbie v. Falk (Fla. Dist. Ct. App., No. 3D04-3041, July 6, 2005).
Youssef Harbie was married with a daughter. He also had a son from a previous marriage. Mr. Harbie executed a will that left his estate to his "children." The will also stated that Mr. Harbie's daughter was his only child. When Mr. Harbie died, his son claimed a share of the estate as one of his children.
The estate argued Mr. Harbie's son was not a beneficiary under the will. In support of this position, it filed an affidavit by the attorney who drew up the will. The attorney said he used the term "children" only to refer to future children and that he had no knowledge of another son when he drafted the will. The trial court found for the estate, and Mr. Harbie's son appealed.
The District Court of Appeal of Florida, Third District, affirms. The court holds that because the will was ambiguous, the court could look at parol evidence to determine the meaning of the will, and the attorney's affidavit cleared up the ambiguity.
To download the full text of this decision in PDF format, go to: http://www.3dca.flcourts.org/ and click on "Opinions."
Youssef Harbie was married with a daughter. He also had a son from a previous marriage. Mr. Harbie executed a will that left his estate to his "children." The will also stated that Mr. Harbie's daughter was his only child. When Mr. Harbie died, his son claimed a share of the estate as one of his children.
The estate argued Mr. Harbie's son was not a beneficiary under the will. In support of this position, it filed an affidavit by the attorney who drew up the will. The attorney said he used the term "children" only to refer to future children and that he had no knowledge of another son when he drafted the will. The trial court found for the estate, and Mr. Harbie's son appealed.
The District Court of Appeal of Florida, Third District, affirms. The court holds that because the will was ambiguous, the court could look at parol evidence to determine the meaning of the will, and the attorney's affidavit cleared up the ambiguity.
To download the full text of this decision in PDF format, go to: http://www.3dca.flcourts.org/ and click on "Opinions."
