DET Grant Practice Test

When determining what a decedent intended to give (donative intent), extrinsic evidence is used only under specific conditions. If the writing is clear and unambiguous, evidence outside the document cannot alter its plain meaning. Extrinsic evidence becomes relevant mainly to interpret terms that are susceptible to more than one reasonable interpretation or to illuminate the testator’s intent in cases of ambiguity. There are also limits—extrinsic evidence cannot be used to insert terms the document doesn’t contain or to override a clear provision, and it may not be admitted in every situation, such as when the instrument’s language is straightforward and unambiguous. That’s why the correct idea is that extrinsic evidence is not always admissible; there are cases where it is not admissible.