When we put pen to paper, sometimes the words don’t come out right. If that happens, hopefully there’s an opportunity to explain what we meant. Most times that’s true – even in estate planning. For example, we have seen how scrivenor’s errors can be explained. But, for the second time in less than a year, Georgia has limited the role evidence of the settlor’s intent plays under Georgia trust law. In Gibson v. Gibson, the Georgia Supreme Court strictly applied a statute governing the transfer of property to a trust to determine that mistitled brokerage accounts were never transferred to two trusts regardless of the settlor’s intent.
In Gibson, the Georgia Supreme Court had to decide a number of issues arising out of a divorce. One of the multitude of issues on appeal was whetherRead More