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Walker v. Walker

Supreme Judicial Court of Massachusetts

744 N.E.2d 60 (2001)

Relevant factsFree

Donald Walker's trust, drafted to minimize estate taxes, inadvertently included a provision giving his wife Virginia a general power of appointment-contrary to his actual intent, since a general power would trigger the very estate-tax consequences he sought to avoid. The drafting attorney's evidence supported that this was a drafting mistake rather than Donald's true intent.

IssueFree

Whether a trust can be reformed to match the settlor's intent due to a scrivener's error.

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