What is the doctrine of contra proferentem?

The doctrine of contra proferentem is a legal principle related to inheritance law in the state of Massachusetts. This doctrine, which is Latin for “against the offeror,” applies when two parties are debating the meaning of a contract. When such a dispute arises, the law generally favors the party who did not draft the contract, the party who did not offer the terms. This means that if an ambiguous clause is found in a contract, the court will interpret the clause in favor of the party who did not write the contract. Under Massachusetts law, this doctrine also applies to inheritance law, meaning that when there is an inheritance dispute, the courts will interpret the law in favor of the party who did not draft the will, even if that interpretation seems unfair to the person who wrote the will (the offeror). For instance, if a provision in a will is unclear, a court may interpret the provision in favor of the person who inherited the estate (the recipient). In this way, the doctrine of contra proferentem serves to protect the rights of inheritance recipients who have not had any say in the terms of the will.

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