Trusts and Estates

Ca. Trs. & Estates Quarterly 2015, Volume 21, Issue 2

LITIGATION ALERT

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.

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