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Subject:
side stepping
Category: Relationships and Society > Law Asked by: mapam-ga List Price: $20.00 |
Posted:
10 Sep 2004 08:44 PDT
Expires: 13 Sep 2004 00:45 PDT Question ID: 399373 |
how is it that a petition for instruction for a trust is able to side step the clause where if one contests or seeks to obtain ajudication they lose their share? furthermore, the petition claims words were "left out" do to a "typo". as you may well have guessed, the addition of these words would shift the control and bulk of the estate dramatically. |
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There is no answer at this time. |
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Subject:
Re: side stepping
From: neilzero-ga on 12 Sep 2004 06:19 PDT |
My guess is:courts typically ignore clauses, such as this, because "contesting" is hard to define. Does exploring the possibility of successfully contesting, constitute contesting? If the document clearly defines (not easy) the meaning of such a clause the judge MAY take it seriously. Neil |
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