September 12, 2011
Authored by: Luke Lantta
A lot of family trust disputes get resolved either through pre-litigation settlement agreements or pre-trial settlement. Unfortunately, poor drafting of a settlement agreement often defeats the purpose of the original settlement by leading to litigation concerning the settlement agreement itself. In Purcella v. Purcella, the Wyoming Supreme Court reminds us that if you are going to enter an agreement altering the terms of an original trust, you need to be explicit that you are actually altering the terms of the original trust.