The Construction And Reformation Of Wills And Trusts In Surrogate’s Court

At times, a will or a trust contains language that does not clearly evidence the testator or grantor’s intent. When the language contained in a will or trust is ambiguous, or the testator or grantor’s intent cannot be gleaned from a fair reading of the instrument as a whole, it may be necessary to ask the Surrogate’s Court to construe the will or trust. This program will address when a construction is available, the canons of construction that sometimes apply in a construction proceeding, the use of extrinsic evidence in a construction proceeding, and procedural considerations of which practitioners should be mindful in a construction proceeding. In addition, this program will address the rare circumstances in which a Surrogate’s Court may reform a will or trust instrument. Because construction and reformation issues touch upon all areas of trusts and estates practice, this program will be useful for estate and trust planning, administration, and litigation practitioners.