Understanding the Limits of and Exceptions to Intent

In Florida, a person’s intentions control their will or trust. But there are some exceptions, making it tricky for lawyers to figure out what someone really wanted. The most common limitation on a trustee’s power is the restriction placed on them by the trust document. This can be misunderstood because of the specific language used. The court looks at the entire document to understand the intent of the person who created the trust. It’s not just about one part of the document, but the whole thing together. They want to figure out what the person really meant when they made the trust. This helps determine how much power the trustee has and what they are supposed to do. The statement of intent in the trust changes the understanding of the settlor’s wishes. It creates a question about what the settlor really meant. This means that the plain and simple meaning of the language used is not the only thing to consider when interpreting the trust. Other evidence can be used to figure out what the settlor intended. In Florida, when it comes to interpreting a will or trust, it’s not just about specific words or phrases, but about the overall plan or intention of the person who made it. The entire document must be considered. If the general intention is clear, that’s what matters most, even if specific parts seem unclear. Ambiguity is determined by looking at the whole document, not just individual parts. If there’s no ambiguity, then the meaning of the will or trust can be decided by the court without using any other evidence. When a court looks at a will to figure out what it means, there needs to be some kind of confusion. This confusion can be obvious right away (patent), or it can be hidden and only show up when you try to apply the words of the will to the things it’s talking about (latent). A patent ambiguity is clear from just reading the will, while a latent ambiguity only shows up when you try to figure out what the will is saying. In this case, the will seems clear at first, but when you look at the whole thing, it’s not actually clear how much power the person who made the will wanted to give to the person in charge of their stuff. So, that’s a latent ambiguity. When someone writes a will or sets up a trust, their wishes should be followed as long as they don’t go against the law or public policy. This means that if a will or trust has a provision that goes against the law or is unfair, it won’t be upheld. For example, if a will tries to take away a court’s ability to make decisions about the will, that provision won’t be allowed. The person’s overall wishes in the will or trust are important, but they have to follow the rules. Some rules in the law don’t allow a person to write their own rules in a will or trust. For example, in Florida, there are certain things a person can’t change in their trust, no matter what they want. Also, if a court has made a rule that applies to the situation, that rule has to be followed, even if it goes against what the person wanted. So, sometimes a person’s wishes in a will or trust can’t always be followed if it goes against the law or a court rule. The Florida Supreme Court made a rule that says when a trustee has absolute discretion, they have to act reasonably. This rule is considered a rule of law, and it means that a trustee can’t ignore this duty. Even if a will says something different, the court’s rule still applies. Sometimes an individual’s intent can override a rule of law, such as in the case of legal presumptions or if following the literal intent leads to an absurd result. For example, in a case where a trust stated money would go to a grandchild if they were alive at the time of distribution, but they died before receiving it, the court decided to ignore that rule because it went against the overall intention of the person who made the trust. This case was decided based on the rules for figuring out what a person meant in their will. Even if the result seems weird, as long as it’s not against the law, it should be honored as the person’s true intention. When a will is clear, you can’t change it or use outside evidence to interpret it. In Florida, the only way to know what someone meant in their will is to look at what it actually says. When a will is clear, it should reflect the person’s true intentions. But sometimes, the rules about interpreting wills can prevent this from happening. Some courts are starting to allow different kinds of evidence to be used if there’s a mistake in the will. This can help make sure the person’s real wishes are followed. In Florida, the law about trusts has already been changed to allow this. If you want to make sure your wishes are followed after you die, it’s important to clearly state them in your will or trust. The law allows courts to consider outside evidence when interpreting these documents, which can lead to confusion and disputes. To avoid this, it’s a good idea to expressly prohibit any changes to your trust after you pass away. It’s important to seek legal advice to make sure your wishes are clearly stated and legally enforceable. These are references to legal cases and laws related to property and wills in Florida. They discuss how mistakes in wills or trusts can be corrected, and provide examples of court cases where mistakes were addressed. This information is helpful for understanding how property and wills are handled in the legal system. To teach lawyers to do their job well, help people access fair treatment in court, and improve the study of law.

Source: https://www.floridabar.org/the-florida-bar-journal/understanding-the-limits-of-and-exceptions-to-intent/