In re Estate of Duke
| Docket Number | S199435 |
| Decision Date | 27 July 2015 |
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2 cases
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CB Parrish v. Little
...intent at the time the will was drafted, and also establishes the testator's actual specific intent at the time the will was drafted." (Id. at p. 898; see also pp. 875, 879.) In the judgment, the Parrish I court reasoned that Duke permits reform of any unambiguous donative document, not jus......
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Rivera v. Rivera
...2040 have on the Court's decision?" The trial court denied the petition based on the first issue above, finding it lacked authority under Duke Doolittle to reform the Rivera Family Trust or decedent's will. Due to this finding, it did not consider the second or third issues. The trial court......
2 firm's commentaries
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California Powers of Appointment: Follow Instructions When Exercising
...excuse compliance with a specific reference requirement under Section 632. The California Supreme Court held in Estate of Duke (2015) 61 Cal.4th 871 that a will may be reformed to conform to the testator’s intent if clear and convincing evidence establishes that the will contains a mistake ......
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Put Up Your Dukes: Courts Can Fix Mistakes in Wills … Sometimes
...written terms differ from what the will’s creator actually wanted? Earlier this year, the California Supreme Court ruled in Estate of Duke (2015) 61 Cal.4th 871 that courts may correct a mistake in the wording of a will even if the language in question is not ambiguous. The proponent of the......
5 books & journal articles
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Boilerplate and Default Rules in Wills Law: An Empirical Analysis
...in other jurisdictions toward permitting extrinsic evidence to alter the terms of an unambiguous will. See, e.g. , In re Estate of Duke, 352 P.3d 863, 878 (Cal. 2015); Erickson v. Erickson, 716 A.2d 92, 98 (Conn. 1998); In re Irrevocable Tr. Agreement of 1979, 331 P.3d 881, 888 (Nev. 2014);......
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Table of Cases
...234 So.2d 42 (1970): 433 CALIFORNIA______________________________________________________________ Estate of Duke v. Jewish Nat'l Fund, 61 Cal.4th 871, 352 P.3d 863 (2015): 120 Estate of Parsons v. Winelander, 103 Cal.App.3d 384, 163 Cal.Rptr. 70 (1980): 42, 43 Guernsey, In re Estate of, 177......
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Chapter D. Mistake
...§12.1 (1999), on which the UTL language was based, includes all "donative transfers." 390 In Estate of Duke v. Jewish National Fund, 61 Cal.4th 871, 352 P.3d 863 (2015), the California Supreme Court adopted the concept of will reformation, citing, inter alia, the Washington...
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Litigation Alert
...an action by the husband to reform the wife's pour-over will to include only her separate property. Applying Estate of Duke (2015) 61 Cal.4th 871, the trial court reformed the wife's will to exclude her community property, and to pour over only her separate property to the separate property......
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