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What if a person’s will is unclear?

When you are a party to the estate of a family member or friend in Roswell, you (and other beneficiaries) may likely be willing to do all that you can in order to avoid any disputes (as some may see objections to an estate’s terms as being petty). Yet there may be cases where questions regarding the terms of a will are inevitable. Your loved one may have used language that is overly-ambiguous or unclear. If they were not transparent in their estate planning by actively involving you and other designated beneficiaries (or their chosen personal representative) how are you to know what there intentions were? 

One way may be to provide documented evidence of it. Say that you and your loved one had corresponded near the end of their life and they communicated to you that they wanted for you to serve a certain role in the administration of their estate (or that they planned to pass a certain asset on to you). Maintaining that documentation (whether it be through digital or written correspondence) and presenting it to the court may serve as proof of intent. 

What is the court then to do with that evidence? According to Section 45-2-805 of New Mexico’s Uniform Probate Code, the court is empowered to enforce a will according to the settlor’s proven intent even if the language construction the will is either ambiguous or whether its terms were affected by a mistake of law. While other beneficiaries’ opinions may differ as to your loved one’s intent, the ruling of the court in such a matter becomes the official interpretation of the will. 

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