Print Page   |   Contact Us   |   Sign In   |   Join Us
Site Search
Legal Flash
Blog Home All Blogs
Search all posts for:   

 

View all (816) posts »
 

Botched wills can be fixed after death, state high court says

Posted By Administration, Wednesday, July 29, 2015

Like any written document — contracts, insurance policies, even news stories — a person’s last will can contain inadvertent errors, such as a mistaken name or a garbled number. But with the drafter unavailable to set things straight, botched wills have been set in stone in California, beyond the power of any judge to correct them. At least until now.

In a dispute over a multimillion-dollar estate, the California Supreme Court unanimously overturned a 50-year-old precedent and set aside centuries of legal doctrine Monday in ruling that a will that seems clear on its face can be revised, after death, if there is strong evidence that the words didn’t reflect the drafter’s intent.

Clinging to the old rules, and refusing to change unintended provisions in a will, would “unjustly enrich those who would inherit as a result of a mistake,” Chief Justice Tani Cantil-Sakauye said in the 7-0 ruling.

Read the whole story at SF Gate

This post has not been tagged.

Share |
Permalink | Comments (0)
 
more Calendar

6/7/2017
Professionalism, Decorum, Practice and Procedure: A View From The Bench

6/8/2017
6th Annual Don Sagatun Edwards Child Services Fundraising Event

6/15/2017
5th Annual From Having it All to Leaning In Seminar

Recent Recognitions
Ruth Silver TaubePro Bono Award, 2016
Mariel BlockBarrister of the Year 2016

Membership Software Powered by YourMembership  ::  Legal