The Terms of the Trust: Extrinsic Evidence of Settlor Intent

Authors

Fred Franke
Anna Katherine Moody

Abstract

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 admissable and consequently a consideration for those puzzling out the meaning of a trust.

Recommended Citation

Franke, Fred and Moody, Anna Katherine (2014) "The Terms of the Trust: Extrinsic Evidence of Settlor Intent," ACTEC Law Journal: Vol. 40: No. 1, Article 2.
Available at: https://scholarlycommons.law.hofstra.edu/acteclj/vol40/iss1/2