What Happens if a Will or Trust is Ambiguous? | How do Illinois Courts Interpret Ambiguous Language in Wills and Trusts?

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

In this article, we answer the questions “what happens if a will or trust is ambiguous?” and “how do courts interpret ambiguous language in wills and trusts?”

When is a will or trust considered ambiguous?

A will or trust is ambiguous if reasonable people can differ regarding the meaning of the language and the difference in reasonable interpretations would lead to differing results. If a will or trust is ambiguous, then Illinois courts are empowered to interpret the creator’s intention in a court case called a construction action. Courts lack jurisdiction to interpret a will or trust unless there is an actual ambiguity.

Illinois Will and Trust Construction Actions Explained

In a construction action, the court interprets a will or trust in order to resolve ambiguities and achieve the purpose that the creator intended at the time that the document was executed. A hearing will be held at which parties are permitted to introduce extrinsic evidence regarding the creator’s intent.