The “Terms of the Trust” Extrinsic Evidence of Settlor Intent The Intersection of Planning and Litigation Highlighting Differences Among the Jurisdictions
- Extrinsic Evidence and the Terms of the Trust, the Plain Meaning Rule
- The Common law Rules of Construction and Settlor Intent
- Under the Common Law, the Plain Meaning Rule Generally Excludes Extrinsic Evidence for Testamentary Trusts But Not for Inter Vivos Trusts
- Even With the Plain Meaning Rule Under the Common Law, There Were Exceptions or “Workarounds” Around the Rule
- The Handling of the Plain Meaning Rule Under the U.T.C.
- Dead Man’s Statute