Does Substance Prevail Over Form in a Will or Trust?
Full Question:
with wills and trusts does form over substance prevail or vice versa?
11/28/2010 |
Category: Wills and Estates |
State: Nevada |
#23711
Answer:
Generally, a court will try to ascertain the intent of the creator of the document and interpret the language to give the intended meaning. However, there are certain statutory formalities that must be observed. For example, a will must be signed by the maker of the will in front of witnesses who also must sign the document. If this requirement is absent, the will cannot be admitted to probate.
