TERMIUM Plus®

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LATENT AMBIGUITY [1 record]

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Filter results by subject field

Alphabetical list of terms

Record 1 2003-05-27

English

Subject field(s)
  • Law of Estates (common law)
DEF

The use of equivocal expressions to mislead.

CONT

The only time a Court can go outside the Will and accept evidence of the testator's intentions is in the case of "equivocation". Equivocation will occur when the words of the Will are clear but it becomes apparent that certain facts make the words used ambiguous.

CONT

An equivocation arises where the court finds that there is not one, but there are two or more subjects or objects of the gift to which the description in the will, as construed in the light of surrounding circumstances, may apply. This situation is also called a latent ambiguity.

French

Domaine(s)
  • Droit successoral (common law)
DEF

Caractère de ce qui prête à des interprétations diverses.

Spanish

Campo(s) temático(s)
  • Derecho hereditario (common law)
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