What is the doctrine of contra proferentem?
The doctrine of contra proferentem is a principle of inheritance law in Hawaii that states that when a disagreement arises between parties in a contract, the contract should be interpreted against the person who created the language in the contract. This means that when the meaning of the language in the contract is unclear, or when both parties interpret the language differently, the interpretation that is more beneficial to the party receiving the contract language should be favored. The principle of contra proferentem is especially relevant in the case of inheritance law. In Hawaii, when a person dies, their estate is typically divided among their beneficiaries according to their Will or other estate planning documents. If the language in the Will or other documents are unclear or ambiguous, the contra proferentem doctrine suggests that the interpretation that is more beneficial to the beneficiary should be favored. The doctrine is also relevant when a person dies without a Will, and their estate must be divided according to the laws of succession. In this case, the contra proferentem principle requires that any ambiguities in the law of succession should be interpreted in favor of the beneficiaries. The doctrine of contra proferentem is an important principle of inheritance law that may be used to ensure that the intent of the deceased is honored. It can also be used to protect the rights of beneficiaries who may be at a disadvantage when negotiating with estate administrators or other parties.
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