Trust Provision Conflict Resolution

Summary

In California, resolving conflicting trust provisions involves understanding the trustors intent as expressed in the trust document. Courts may prioritize specific provisions over general ones, and California Probate Code §21102 emphasizes the importance of the transferors intention. Notable cases like Estate of Duke and Burch v. George provide insights into how courts handle such conflicts. For personalized advice, consider consulting a local attorney familiar with estate planning and trust law.

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One provisions bequeaths the entirety of the estate to the trustors' daughter after eleven after the death of the last trustor.
It sounds like you have a situation where the trust has specific provisions that might conflict with each other. Here are some general points to consider in such cases:
*. Intent of the Trustor: Courts will often look at the overall intent of the trustor as expressed in the trust document.
*. Specific vs. General Provisions: Specific provisions in a trust may sometimes take precedence over more general ones.
*. California Probate Code §*: This section emphasizes that the intention of the transferor as expressed in the instrument controls the legal effect of the dispositions made in the instrument.
For more specific cases, you might want to look at:
- Estate of Duke (*) * Cal.4th *, where the court looked at extrinsic evidence to determine the trustor's intent.
- Burch v. George (*) * Cal.4th *, which dealt with conflicting provisions in a trust.
Would you like me to help connect you with a local lawyer who can provide more detailed guidance on your trust issue?
Another provision says that she cannot devise to anyone other than her issue.
It sounds like the trust has conflicting provisions regarding the inheritance. Here are some points to consider:
- The intent of the trustor is crucial. Courts often prioritize it.
- Specific provisions might take precedence over general ones.
- California Probate Code §* highlights the importance of the transferor's intention.
Would you like me to help connect you with a local lawyer who can provide more detailed guidance on your trust issue?