February 27, 2009

In legal documents the precise wording means everything. Recently, the Second District Court of Appeals in Florida based their ruling in Provost v. Justin, on the phrasing in the trust document in dispute.

Aurele and Geraldine Provost, husband and wife, established a trust for the benefit of their three children. After the death of her husband, Geraldine amended the trust to include her foster child and his caregiver. The three children contested this amendment.

The Court looked at the trust document itself to figure out the intent of the Provosts when the trust was first created. Since the document limited amendments to the trust by the grantors during "their" lives, the court found that an amendment could only be effective if it was executed by both grantors.

The Catch .... What you need to know is that when setting up a trust, every word means something. Only a lawyer with close attention to detail and a high level of scrutiny can write a trust document so the grantor can have what he actually wants.

Provost v. Justin, 2009 WL 484633 (Fla.App. 2 Dist.)