what is ambiguity?

It is the quality of being open to more than one interpretation of a word.

two kinds?

Latent or Intrinsic Ambiguity - that which does not appear on the face of the will, and is discovered only
by extrinsic evidence.

Patent or Extrinsic Ambiguity - that which appears on the face of the will itself; in other words, by
examining the provision itself, it is evident that it is not clear.

what r oral declarations?

Declaration by word of mouth

how do they relate in curing ambig

It should NOT be allowed, as this can result in fraud, confusion, and unfairness to the dead man whose
words may be distorted or perjured

If for instance I write in my will, I hereby give the free portion of my estate to all the men I have loved
before. Is it ambiguous? YES

Who are these men?

How many are they?

1) letter -> evidence?

2) table napkin —> evidence?

3) video —> evidence?

is a video clip considered an oral declaration?

No jurisprudence. Video is considered evidence aliunde (Extrinsic evidence). but by looking at the intent
of the law, it is admissible.

I leave this to my brother, Jun Gallardo but then I discovered I have 2 brothers named Jun Gallardo

Intrinsic/Latent Ambiguity.
There is no ambiguity on the will itself but there is ambiguity in extrinsic evidence.

bark of wood tree trunk?

Soundness of Mind? when do we say testator is of sound mind?

Mental capacity of a person capable of rational thinking.

1. Must be at least 18 years of age.

2. Must not be disqualified by law.
3. Must be of sound of mind

reqs of sound mind?

Soundness of mind requires:

(a) that testator knows the nature of the estate to be disposed of (character of his property and the
ownership of what he is giving)
(b) that testator knows the proper objects of his bounty (by persons who for some reason expect to
inherit something from him - like his children)
(c) that testator knows the character of the testamentary act (that it is really a will; that it is a
disposition mortis causa; that it is essentially revocable AND ambulatory).

*ambulatory – the testator can change the character of the will.