What is the rule regarding extrinsic evidence in mistakes in a will?

Prepare for the New York Multistate Bar (MBE) Exam. Study with tailored flashcards and multiple-choice questions, each offering insightful hints and detailed explanations. Boost your confidence and readiness!

Multiple Choice

What is the rule regarding extrinsic evidence in mistakes in a will?

Explanation:
Extrinsic evidence is not admissible to prove mistakes in a will. The will controls; evidence outside the document cannot be used to correct drafting errors or to alter the dispositive terms. In probate, you resolve disputes by interpreting the will as written, preserving the final expression of the testator’s wishes rather than allowing outside statements to rewrite the instrument.

Extrinsic evidence is not admissible to prove mistakes in a will. The will controls; evidence outside the document cannot be used to correct drafting errors or to alter the dispositive terms. In probate, you resolve disputes by interpreting the will as written, preserving the final expression of the testator’s wishes rather than allowing outside statements to rewrite the instrument.

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