Writing a will is one of those acts that feels both practical and deeply personal. It’s a chance to put in writing what matters most. With a will, you have the opportunity to give gifts, provide stability, and leave behind clarity for the people you love. But when the language in a will is vague or open to interpretation, that clarity and your intentions can disappear. And instead of preserving harmony, your will might unintentionally become a source of conflict. How can I make sure my will is not ambiguous? How do courts usually interpret wills? Continue reading to find the answers to your questions and to learn more about wills.
Why ambiguity is such a common and costly problem
Ambiguous language is one of the top reasons wills are contested in probate court. Whether it’s a confusing clause, an undefined term, or a contradiction between two sections, any room for doubt can lead heirs to question the testator’s true intent. And once that door opens, families often find themselves navigating not just grief, but litigation. There are two kinds of ambiguity in legal documents: patent ambiguity and latent ambiguity.
Patent ambiguity
Patent ambiguity happens when the uncertainty is visible right on the face of the will. It’s when something doesn’t make sense or is contradictory as soon as you read it. You don’t need any outside context to spot the problem; it’s already there in the language. For example, imagine a clause that says: “I leave 50% of my estate to Jordan, and 75% of my estate to Casey.” That doesn’t add up. The numbers conflict, and the document doesn’t explain how to resolve it. That’s a patent ambiguity. There’s no way to interpret the clause without deciding which percentage is correct.
Latent ambiguity
Latent ambiguity, on the other hand, is a problem that only becomes visible when you try to apply the language to real-world facts. The wording might seem perfectly clear until you realize it matches more than one situation. For example, suppose the will says, “I leave my beach house to my sister.” On paper, that sounds fine. But what if the person owned two properties near the coast: one in Florida and another on Cape Cod. And you referred to both informally as “the beach house”? That’s latent ambiguity. The words themselves aren’t confusing until they collide with reality, and suddenly it’s unclear which property the testator meant.
How states differ in dealing with ambiguity
Courts in states like California and Texas have long recognized both types of ambiguity in probate proceedings. In those cases, judges often allow outside evidence like letters, financial records, or even witness testimony to help determine what the deceased meant. But that’s not always a guarantee. Some jurisdictions, such as Florida and Illinois, prefer to rely on the plain meaning of the text unless there’s truly no way to make sense of it. The end result? A decision may come down to legal convention—not your actual wishes.
How courts decide what “you meant” after you’re gone
When a will ends up in court due to ambiguous language, the judge’s job is to figure out your intent. But unless your intent is clearly stated, that process becomes part art, part science, and a whole lot of legal argument. Some courts lean heavily on the “four corners” rule. This means that the court only considers what’s written in the document itself. Others allow extrinsic evidence, such as testimony from the person who drafted the will or emails that hint at your intentions.
But when a court can’t confidently determine what you meant, it may rely on default state laws often called “intestacy rules.” That’s not ideal. For example, in Pennsylvania, if a will gift fails due to ambiguity, the asset might pass to your “residuary estate” or your closest next-of-kin even if you never intended for that person to inherit it. Ambiguity also slows everything down. Contested wills can drag out probate for months or even years. And during that time, legal fees eat into the estate, relationships strain, and the entire experience of closing out your affairs becomes more painful than it ever needed to be.
Real-life examples of how small mistakes create big problems
Let’s say you include a clause like “I leave my jewelry to my niece.” Seems fine, right? But you have three nieces, and each has a different idea of what “jewelry” means. Does it include the diamond earrings you inherited from your grandmother? What about the gold chain you wear every day? These are exactly the kinds of questions that prompt probate disputes. Another common issue is inconsistency. In one section, you might say “my house goes to my children,” but later specify that your son inherits “the family home.” Now your daughter is wondering whether they are splitting it, or if it’s just going to him. When a will contains even subtle contradictions, courts often have to prioritize one clause over another, and someone almost always walks away disappointed.
A particularly well-known case out of California involved a will that left “my principal residence” to the decedent’s son. However, the individual owned two adjacent parcels of land with different addresses. One piece of land contained the main house, and the other a guesthouse. Because the will didn’t clearly define the property boundaries, litigation ensued over which real estate was included in the bequest. This is a fate that most everyone wants to avoid. A will is meant to provide for your family, not break the family apart or cause stressful confusion.
How to avoid ambiguity in your own will
If you’re writing your own will, or working with a lawyer to draft one, here are a few ways to make sure your wishes are airtight:
- Be incredibly specific. Instead of saying “my car,” list the make, model, year, and VIN if you can. Rather than saying “my business,” spell out the legal name of the entity and what portion of ownership you’re referring to.
- Use full names and relationships. “To my niece Sarah Smith, daughter of my sister Karen,” is much clearer than just “my niece Sarah.” This matters even more in blended families, or when multiple people in your life have the same name.
- Avoid vague terms. Words like “my belongings,” “my collection,” or “my favorite possessions” sound heartfelt, but they’re open to interpretation. If something matters enough to be mentioned, take the time to describe it clearly.
- Revisit your will regularly. Laws change, assets change, and so do relationships. What felt obvious to you five years ago might not be so clear today. Most estate planners recommend reviewing your will every 3–5 years, or after any major life event.
- Have someone else review it. A second pair of eyes, especially from an estate planning attorney, can catch inconsistencies or confusing phrases you may have overlooked.
The special case of handwritten or DIY wills
Ambiguity issues show up most often in handwritten or DIY wills. These documents often lack formal structure and tend to use casual or emotional language. In Texas, for example, holographic (handwritten) wills are valid without witnesses, but they’re more prone to interpretation problems because the testator usually isn’t working from a guided template. That makes it easier for clauses to conflict, terms to go undefined, and family members to misunderstand the testator’s intentions.
Even in states where DIY or handwritten wills are allowed, judges tend to scrutinize them more closely. In Florida, courts have invalidated portions of handwritten wills when the language was too vague to be enforced, particularly when beneficiaries disagreed about who was supposed to receive what. It’s easy to imagine how the lack of a structured template and the lack of professional legal guidance can lead to a will that either doesn’t follow statutory guidelines or doesn’t clarify the testator’s intentions clearly enough.
Working with a professional helps protect what matters most
Hiring an experienced estate planning attorney isn’t just about dotting I’s and crossing T’s. It’s about ensuring your final wishes are communicated clearly and legally and that your loved ones won’t be left guessing. Attorneys help you avoid duplicative clauses, ensure your wording matches your intent, and prevent common pitfalls like undefined beneficiaries or contradictory instructions.
And if you’re worried about cost, many lawyers now offer flat-fee will packages that include not just a will, but a healthcare directive, power of attorney, and more. These packages are increasingly affordable, especially when you consider how much a contested will could cost in court fees, delays, and emotional strain. And if you’d like a hybrid version where you’re DIY’ing your will but have access to an attorney licensed in your state, then find a platform that does just that. An estate planning platform that guides your document drafting while also enabling attorney services and guidance is a cost-effective option. Just make sure that the platform has good reviews and is respected in the industry.
The bottom line on how ambiguous language can lead to will contests
When you write your will, you’re telling your story one last time. You’re putting into writing what matters most to you, and offering your loved ones the gift of direction and certainty. But that gift is only as strong as the words that carry it. By avoiding ambiguity, working with a professional, and taking the time to be specific, you give your family the peace and clarity they’ll need most when the time comes. Clear wishes deserve clear words. And your legacy deserves to be honored exactly the way you intended.
Lauren has commitment to and extensive experience with family law, estate planning, and small business ownership issues. She focuses her practice on mitigating conflict in litigation, is a Certified Mediator and Parenting Coordinator, and is particularly passionate about helping clients to protect themselves with pre-nuptial agreements tailored to their needs.
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