A man who has two cousins named Mary bequeaths a sum of money to "my cousin Mary". Each of the two…
Section 80 applies where the words of a will are unambiguous but extrinsic evidence shows they fit more than one person, only one of whom can have been meant. Illustration…
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A man who has two cousins named Mary bequeaths a sum of money to "my cousin Mary". Each of the two cousins claims the gift. What is the legal position?
Answer and explanation
Correct answer B
Section 80 applies where the words of a will are unambiguous but extrinsic evidence shows they fit more than one person, only one of whom can have been meant. Illustration (i) to section 80 says "evidence is admissible to show which of the two applications was intended". The bar on outside evidence in section 81 applies only to an ambiguity on the face of the will.