Does the presence of survivorship language in a will require extrinsic evidence to determine the testator's intent?

• A. Yes
• B. No
• C. Only if the heirs contest
• D. It depends on the jurisdiction

Answer: (B)

Survivorship language is a contingent condition that expresses the testator’s plan for who takes if someone survives another person. When that language is clear and unambiguous, the testator’s intent is read from the will’s own words, so extrinsic evidence isn’t required to determine intent. Extrinsic evidence is brought in only to resolve ambiguities—if it’s unclear who is meant by “the survivor,” or how the contingency should apply, then outside evidence may be considered. So simply having survivorship language does not force extra Evidence; it’s used as a tool only when the wording isn’t plainly clear. The other factors listed—contest, or jurisdiction—do not change the basic rule that extrinsic evidence is not mandatory when the language clearly expresses intent.