Interpretation of Wording Is Key
On January 29, 1998, Bryan Powell pulled out a blank sheet of paper and wrote his will. Two decades later, that simple, small act tore his family apart.
When Bryan died in 2022, he was survived by his son Shandy and Bryan’s two siblings. Several months after his father’s death, Shandy filed an application to probate his father’s 1998 will. Shandy claimed that he was the only distributee of Bryan’s estate under the will.
The Language of Bryan’s Will: A Legal Challenge
But was he? Bryan’s will provided, in part, as follows:
“Power of attorney is given to my Mother, Elsie Alice Powell, 29 January 98. After expenses, all remaining funds go to my Son. As to the disposition of my car, it also is to go to my Son, Shandy Phillip Powell Smith; any balance on its loan to be paid out of my estate funds. Everything else shall be divided up and/or disposed of as the Family see fit. No fighting or other unpleasantness is allowed.”
At first glance, it appeared that Bryan left his son “all remaining funds” and the car. But then he wrote the sentence: “Everything else shall be divided up and/or disposed of as the Family see fit.” What property did Bryan mean for his family to divide up or dispose of? And who did Bryan mean to include when he used the term “Family”?
The Family’s Disagreement
Despite Bryan’s earnest direction, fighting and unpleasantness did indeed ensue. Bryan’s two siblings filed a petition asking the court to find that they were also Bryan’s “Family,” and that Bryan’s estate be divided into three parts: one part for each sibling, and one part for Shandy.
Court’s Decision: A Will’s Intent vs. Legal Interpretation
The Trial and Appeal
A trial was had, the trial court ruled in son Shandy’s favor, and the siblings appealed. Three years after Bryan’s death and more than a quarter-century after Bryan set pen to paper to ink his holographic will, the appellate court issued its opinion.
Examining the Language of the Will
The Court first pointed out that it was required to examine Bryan’s intent by looking at the language contained within the four corners of his will. Bryan’s intent, strangely enough, was not determined by what he intended to write, but the meaning of the words that he actually used. If the court could give a certain or definite legal meaning to the words used, then Bryan’s will was not ambiguous. And if the will was not ambiguous, then the meaning of the will was just a question of law that the court would determine.
Was the Will Ambiguous?
The appellate court then held that the will was not ambiguous. The court determined that the will plainly provided that son Shandy was to receive both funds and a car, and that he was therefore a devisee.
The Court’s Final Ruling
The court then turned to the sentence: “Everything else shall be divided up and/or disposed of as the Family see fit.” This, the court said, did not make a “testamentary disposition” of property to any identified person. Bryan may have intended the term “Family” to include the siblings, and the siblings might eventually end up with property if the “Family” decided to give it to them, but the will itself did not actually give the siblings any property. Thus, the siblings were not devisees under the will, and Shandy prevailed.
The Risks of Writing Your Own Will
The Importance of Clear Legal Language
Writing your own will can be treacherous. Your choice of words is binding – the court cannot redraft your will to vary or add provisions to reach your presumed intent. The law presumes that you know what you are doing, and the effect your words will have.
Plan Ahead: Protect Your Legacy
At Hammerle Morris Law Firm, we understand that making decisions about your estate can be challenging, but planning ahead is key to ensuring your wishes are carried out exactly as you intend. Clear and thorough documentation can prevent confusion, conflict, and costly legal battles for your loved ones.
Whether you’re drafting your will, creating a trust, or ensuring your power of attorney is in place, our experienced team is here to guide you through every step of the process. Schedule a consultation today to make sure your legacy is secure and your family is well-prepared for the future.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
