A bequeaths "1,000 rupees to ..........", leaving a blank for the name of the legatee. The person who…
Section 81 states that where there is "an ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of the testator shall be admitted".…
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A bequeaths "1,000 rupees to ..........", leaving a blank for the name of the legatee. The person who drafted the will offers to testify about the name A wished to insert. Is the evidence admissible?
Answer and explanation
Correct answer D
Section 81 states that where there is "an ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of the testator shall be admitted". Illustration (ii) to section 81 applies this to a blank left for the legatee's name: "Evidence is not admissible to show what name the testator intended to insert." It makes no difference that the drafter heard the name from A himself.