Article On Extrinsic Evidence Of Settlor Intent

Fred Franke and Anna Katherine Moody (Law Office of Frederick R. Franke, Jr. LLC) recently published an article entitled, The Terms of the Trust: Extrinsic Evidenceof Settlor Intent, 40 Am. Coll. of Trust and Estates L. J. 1-55 (2015). Provided below is an abstract of the article:

Each edition of the Restatement of Trusts defined the phrase “the terms of the trust” exactly the same. It means the manifestation of the settlor’s intent expressed in a manner that admits of its proof in judicial proceedings. This definition weds the language of the instrument to the evidentiary rules governing Trust contests. This article explores the extent to which extrinsic evidence of settlor intent is admissible and consequently a consideration for those puzzling out the meaning of a trust.