A Boutique Trusts & Estates Law Firm

Ambiguity is in the Eye of the Beholder

Friday, October 10th, 2014

Using computer software, Joanne Click wrote a will in which she gave her residuary estate to “the surviving members in order of succession.” What did she mean? Who gets her estate? The case, known as Click v. Click, hinged on whether her words were ambiguous. One court said they were ambiguous. Another said they weren’t. How would you rule?

Mrs. Click had two sons, Steven and Frank, who both had children of their own. Frank died several years before Mrs. Click wrote her will. Steven submitted affidavits from several of Mrs. Click’s friends stating that she meant to give her entire estate to Steven and that her relationship with Frank’s children was strained at best.

Frank’s children, however, said the affidavits must be ignored, pointing to a well-established rule that a will must be interpreted without looking at any other evidence of intent, unless the will contains an ambiguity. They argued that no such ambiguity exists and that “the surviving members in order of succession” clearly required the estate to be divided among all the individuals named elsewhere in the will, including them.

Steven responded that “the surviving members in order of succession” should be interpreted as invoking the same rules of “succession” as apply to royalty, meaning that he was entitled to the entire estate as the sole surviving son. In the alternative, he argued that the will was ambiguous and that the court should thus take into consideration all the other evidence of his mother’s intent.

The Circuit Court for Anne Arundel County ruled that the will was unambiguous but that neither side had discerned the correct meaning. The Circuit Court concluded as a matter of law that Mrs. Click unambiguously directed that her estate should be distributed among all descendants per stirpes. Under this view of the case, Steven would take half, and Frank’s children would share the other half.

On appeal, the Court of Special Appeals concluded that it had no idea what Mrs. Click meant. It pointed to the three different interpretations already proposed, and it even thought of a few more. The text, it concluded, was hopelessly ambiguous, and it sent the case back to the Circuit Court so that both sides could present their evidence as to Mrs. Click’s intent.

The lesson of this story may be a little ambiguous. Perhaps it’s that judges are human too, or perhaps it’s that a wise man knows himself to be ignorant. Either way, if you need an example of why will-writing software should be avoided, just point to Click.


For Immediate Release

Contact: Jane Frankel Sims


Contact: Frank Campbell


Sims & Campbell Estates and Trusts

Frankel Sims Law and Holden & Campbell
Merge to Form Sims & Campbell

Firm will offer comprehensive Trusts & Estates services through offices in Towson and Annapolis

TOWSON, Md. (April 26,2019)  Frankel Sims Law and Holden & Campbell have jointly announced the merger of their firms to create a boutique Trusts & Estates law firm providing comprehensive services in the fields of Estate Planning, Estate Administration, Trust Administration and Charitable Giving. The combined firm will be named Sims & Campbell and have offices in Towson, Md. and Annapolis, Md.  Jane Frankel Sims and Frank Campbell will lead and hold equal ownership stakes in the firm.

Sims & Campbell will have 9 attorneys and 15 legal professionals that handle every facet of estate and wealth transfer planning, including wills, revocable living trusts, irrevocable trusts, estate and gift tax advice, and charitable giving strategies.  The firm will focus solely on Trusts & Estates but will serve a wide range of clients, from young families with modest resources to ultra-high net worth individuals.  This allows clients to remain with the firm as their level of wealth and the complexity of related estate and tax implications change over time. 

“By joining forces, we have expanded our footprint to conveniently serve clients in Maryland, D.C. and Virginia” said Jane Frankel Sims.  We are seeing some of the greatest wealth transfer in our country’s history, and we want to continue to be on the leading edge of helping our clients maintain and enhance their family’s wealth.  In addition, we aim to serve our clients for years to come, and the new firm structure will allow Sims & Campbell to thrive even after Frank and I have retired.”    

“Jane and I have always admired each other’s firms and recognized the need to provide even greater depth and breadth of focused expertise to help families amass and protect their wealth from generation to generation,” said Frank Campbell.  “Now we have even greater capabilities to make a real difference for our clients.” 

The Sims & Campbell Towson office is located at 500 York Road, on the corner of York Road and Pennsylvania Avenue in the heart of Towson.  The Annapolis office is currently located at 716 Melvin Avenue, and is moving to 181 Truman Parkway in August, 2019.  For more information, visit www.simscampbell.law.