Estate, Probate, Trust Litigation group co-chair, Adam Fried, authored "Resolving Ambiguity In Wills And Trusts: Homage To Testator/Settlor Intent" for the Probate Law Journal of Ohio.

In the article, Adam posits that the no-extrinsic evidence rule is alive and well despite the enactment of the Ohio Trust Code.  Comments to section 5804.15 suggest the rule allowing extrinsic evidence in trust construction cases, even in the absence of an ambiguity, should also apply to wills.  Yet Ohio Courts have consistently refused to allow extrinsic evidence to prove testator intent in will construction cases.  

Reprinted from Probate Law Journal of Ohio available in print and on Westlaw with permission from Thomson Reuters. Copyright © 2020. Further use without permission of Thomson Reuters is prohibited. For further information about this publication, please visit https://store.legal.thomsonreuters.com/law-products/Newsletter/Probate-Law-Journal-of-Ohio/p/100028597.

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