Interpretation and Reformation of Wills and Trust Instruments: Ambiguities, Mistakes, and Extrinsic Evidence

Document Type

Article

Publication Date

2016

Abstract

In this scholarly article, Alan Newman explores the legal doctrines surrounding the interpretation and potential reformation of wills and trust instruments, with a focus on resolving ambiguities and correcting mistakes. Newman examines how courts handle both patent and latent ambiguities, and under what circumstances they permit the use of extrinsic evidence to ascertain or reform the intent of the testator or settlor. The article analyzes traditional common law rules and evolving trends, including the increasing acceptance of reformation for mistake and the UPC's influence. Newman advocates for a more liberal and intent-focused approach that honors the donor's wishes, especially in light of growing judicial recognition of human error in estate planning documents.

Publication Title

Probate Law Journal of Ohio

Volume

26

First Page

162

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