Probate,
Family
Jun. 18, 2020
Reformation of unambiguous wills in light of Estate of Duke
In Duke, the California Supreme Court expanded the power of the trial court to admit extrinsic evidence to correct mistakes in wills, a power neither statute nor case law permitted, holding that such intervention was required to avoid unjust enrichment.
Mark J. Phillips
Shareholder
Lewitt Hackman
Email: mphillips@lewitthackman.com
Mark is a certified specialist in estate planning, trust & probate law by the State Bar of California.
In Estate of Duke, 61 Cal. 4th 871 (2015), the California Supreme Court expanded the power of the trial court to admit extrinsic evidence to correct mistakes in wills, a power neither statute nor case law permitted, holding that such intervention was required to avoid unjust enrichment. When decided, there was concern that the court had increased the likelihood of litigati...
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