Wills and Trusts
In re Estate of Duke, 61 Cal. 4th 871, 190 Cal. Rptr. 3d 295, 352 P.3d 863 (Cal. 2015)
Study notes for In re Estate of Duke: professor notes, cold call prep, exam angles, and memory aids.
California courts may reform an unambiguous will if clear and convincing evidence shows that a mistake affected the testator's expressed terms, reflecting their true intent.
This case marks a significant shift in the approach to interpreting wills in California, particularly regarding the reformation of unambiguous wills. Professors may emphasize the importance of extrinsic evidence in demonstrating a testator's true intent at the time of execution. The court's decision to reverse the categorical bar on reformation will likely be viewed as a protection of testamentary intent, promoting the idea that a decedent's wishes should be honored, even if the language of their will is technically clear but does not reflect their actual desires due to a mistake.
R.E.A.L. (Reform Evidence of Actual intent Law)
| Case | Distinction |
|---|---|
| Estate of McDonald | In Estate of McDonald, the court upheld the will's language without allowing for reformation despite evidence of the testator's intent, thereby illustrating the difference in approach regarding ambiguous versus unambiguous terms. |
| In re Estate of McGowan | In McGowan, the court found that the will was unambiguous and did not allow reformation, contrasting Duke's case where a mistake warranted reform in light of clear intent. |
| Estate of McCauley | McCauley involved a will where the testator's intent was not as clearly evidenced in comparison to Duke, preventing reformation despite arguments for the testator's intended distributions. |
Allowing reform of unambiguous wills enhances the likelihood that a decedent's true wishes are honored, fulfilling the overarching goal of testamentary freedom.
Allowing reformation based on extrinsic evidence introduces unpredictability and may undermine the principle of certainty in will interpretation, leading to potential abuses in future cases.
Examiners may focus on the reformation of wills and the evidentiary standards required to establish a testator's intent. Students should be prepared to discuss the balance between honoring the explicit language of a will and the true intent of the testator.