What Is an Extrinsic Evidence Review in Estate Cases?

Estate disputes often arise when the language in a Will or Trust is unclear, contradictory, or seems to conflict with the deceased’s known wishes. When this happens, Florida courts may allow the use of extrinsic evidence. This is outside information not contained in the actual document that is used to better understand the decedent’s true intent.

The process of an extrinsic evidence review plays a crucial role in resolving estate litigation cases throughout Florida. If you believe a will or trust is being misinterpreted, don’t wait, connect with a Pompano Beach estate litigation lawyer as soon as possible. Doing so is a way to protect your rights and your family’s legacy.

When Extrinsic Evidence Is Allowed

Extrinsic evidence refers to materials and testimony that exist outside the four corners of the will or trust itself. This may include:

• Emails, letters, or handwritten notes from the decedent
• Drafts or earlier versions of the estate documents
• Testimony from family members, friends, or advisors
• Audio or video recordings
• Attorney notes or correspondence during the drafting process

The goal of introducing extrinsic evidence is to clarify ambiguous language, resolve contradictions, or shed light on the testator’s (the person who made the Will) actual intentions when the written document is not entirely clear on its face.

Florida Courts generally follow what is known as the “four corners rule”, which means they interpret wills and trusts based solely on the language within the document itself. But if that language is ambiguous or If the court finds the terms susceptible to more than one reasonable interpretation, it may allow an extrinsic evidence review to help clarify the meaning.

Why It Matters in Estate Disputes

Heirs or beneficiaries may disagree on what the decedent truly meant, especially in high-value estates or blended family situations. A carefully presented case supported by credible extrinsic evidence can make a significant difference in the court’s decision.

If one heir believes a trust amendment was made under duress or does not reflect the decedent’s wishes, for instance, an attorney may gather extrinsic evidence to support a claim of undue influence. Similarly, if language is too vague to enforce, evidence from the estate planning attorney or personal correspondence might clarify the decedent’s actual goals.

Consult with an experienced Pompano Beach estate litigation lawyer if you are concerned about how a will or trust is being interpreted. A knowledgeable attorney can evaluate whether an extrinsic evidence review may help your case.

Will an extrinsic evidence review be helpful to you? Estate disputes can be emotionally and legally complex, especially when unclear language leaves loved ones guessing. The legal professionals at Mark R. Manceri, P.A. can represent your interests in probate or trust litigation. Schedule a confidential consultation today.