By Mary F. Gillick, Esq.,* Catherine M. Swafford, Esq.,*and Matthew R. Owens, Esq.*
UNAMBIGUOUS WILL MAY BE REFORMED IF CLEAR AND CONVINCING EVIDENCE ESTABLISHES MISTAKE AND ALSO ESTABLISHES SETTLOR’S SPECIFIC INTENT
Estate of Duke (2015) 61 Cal.4th 871
The California Supreme Court held an unambiguous will may be reformed if clear and convincing evidence establishes the will contains a mistake in the expression of settlor’s intent at the time the will was drafted and also establishes settlor’s specific intent.