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Employment Codicil To Will Did Not Provide For Lifetime Employment

July 30, 2013

Authors

Luke Lantta

Employment Codicil To Will Did Not Provide For Lifetime Employment

July 30, 2013

by: Luke Lantta

Consider a situation where a wealthy testator wants his son to be provided for but still also wants his son to develop a healthy work ethic.  Can the wealthy testator’s will ensure lifetime employment for a beneficiary?  Maybe, but probably not when that lifetime employment is with a company the officers and directors of which owe fiduciary duties to the corporation and its creditors.

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Language In Holographic Will Conveyed Property In Fee Simple – It Did Not Create A Condition Precedent Or A Testamentary Trust

January 5, 2012

Authors

Luke Lantta

Language In Holographic Will Conveyed Property In Fee Simple – It Did Not Create A Condition Precedent Or A Testamentary Trust

January 5, 2012

by: Luke Lantta

There isn’t some magic language necessary to create a trust.  Generally, all you need is an expressed intent to create a trust and some property.  Sure, trust codes and common law  require a trustee, trustee duties, and adherence to the rule against perpetuities, but you get the idea.  Nevertheless, there is always a surprising amount of litigation over whether certain language in a will or other document creates a trust.

In Estate of Brill, the Mississippi Supreme Court was tasked with construing some language in a holographic will to determine what, exactly, the testator meant by the language.  The question was whether the language conveyed property in fee simple, created a condition precedent or created a testamentary trust.

Let’s take a look at the contents of Bobbye N. Brill’s holographic will.

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