Simultaneous Wills

[LawMan2727]

I am dealing with an issue where two trust documents were executed on the same day. These trust documents appear to be the same on their face. However, upon further scrutiny, they contain material differences and are signed by different witnesses. These documents are both notarized. Because these documents are intended to be the same, yet are materially different, are both documents considered null and void?

I need to apply Florida law.

 

[Zigner]

I am dealing with an issue where two trust documents were executed on the same day. These trust documents appear to be the same on their face. However, upon further scrutiny, they contain material differences and are signed by different witnesses. These documents are both notarized. Because these documents are intended to be the same, yet are materially different, are both documents considered null and void?

I need to apply Florida law.

What class is this for?

 

[LawMan2727]

It is for a legal theory class. We were presented with an issue and provided numerous documents from which we are supposed to create the best case possible. I am going against the trustee. My initial approach was to petition to remove the trustee. However, upon further review of the documents provided I noticed the discrepancy between the two copies of the original trust.

Once again in more detail:

There are two trust documents that are both considered the original, official trust. Both of the documents were executed, signed and notarized on the same day. These trust documents appear to be the exact same on their face. However, upon further scrutiny, certain sections within the trust documents contain material differences (like amounts of bequests, and intended beneficiaries), and minor yet material additions. Further, the trust docs that purport to be exactly the same and are signed by different witnesses. Because these documents are intended to be the same, yet are materially different, are both documents considered null and void?

The lawyer who drafted and notarized both documents is dead for the sake of the hypo dead and the settlor of the trust is now incapacitated.

So there is no one to determine the intent of the parties at the time the docs were drafted.

 

[justalayman]

so, you have two trusts.


why is that a problem?

 

[FlyingRon]

You can have all the trusts you want. If you don't put any assets into them, they're not worth anything.

 

[LawMan2727]

The two trusts are exactly the same aside from some very minor yet material differences. For example, in one version of the trust there are 5 listed beneficiaries that each receive $2,000. In the other version there are the same 5 beneficiaries listed, plus an additional 2 beneficiaries. Instead of receiving $2,000 this version states that they are to receive $4,000.

Further the named successor trustee in each version of the trust is different.

It's like the lawyer created two versions of the exact same document, but changed very minor but pertinent things.

Remember, both trusts were witnessed and dated on the exact same day, AND each trust was witnessed by different people.

For example, this scenario is synonymous to A making a valid contract with B on July 10, 2010 to sell him 100 computers for $50 each. Then A turns around a makes another valid contract with B on July 10, 2010 to sell him the exact same 100 computers for $20 each. If both contracts are valid, and we DON"T KNOW WHICH CONTRACT WAS CREATED FIRST, or the intent of the parties creating the contract, which one prevails? OR are they both considered void?

 

[Zigner]

All of this is moot.

Additionally, we don't DO homework

 

[LawMan2727]

It's not homework. It is an angle that I could potentially take to formulate a case. My initial angle was to petition for the removal of the trustee because there is evidence that he was not acting in the best interest of the trust.

However, if I can prove that the trust was not valid in the first place, I will have a far better case.

The reason I am posting on this site is because the concept is something that is very hard to articulate in words or without an example like the one above. This makes it very hard to conduct a search on Westlaw or Lexis.

I was hoping that someone could give me some basic insight regarding the matter or at least provide me with a proper foundation to begin my search.

 

[LawMan2727]

By moot are you referring to our exchanges or to the subject matter I am talking about?

If it is the latter, I need some case precedent or law to back up such an assertion.

 

[Zigner]

It is for a legal theory class.

It's not homework.

Now you're just a liar.

Do your own research.

 

[LawMan2727]

Thanks for the the insight.

I guess you must not know the answer or have any beneficial advice.

You also must not have anything better to do than browse these message boards and start up pointless conversations.

Seems like you should have something better to do on a Tuesday at 3 pm.

All I was looking for was a simple. YES the trusts are valid because.... OR; NO the trusts are not valid because....

I'm not asking you to develop my entire case, I'm just asking for a little guidance so that I can more efficiently do MY HOMEWORK.

 

[Zigner]

I'm not asking you to develop my entire case, I'm just asking for a little guidance so that I can more efficiently do MY HOMEWORK.

Homework? You said this wasn't homework.

 

[LawMan2727]

Call it what you want to call it.

Maybe it is homework or maybe it's just some help.

I don't see how you can fault me for asking a question that will enable me to conduct my research more efficiently.

My homework is creating a good argument. It is not like I have not been conducting my own research on this very question. I began researching it well before I even posted on this site and have continued to do so for a better part of the entire day.

I have also read a few of your previous posts regarding other matters Zigner. Based on what I've seen, you couldn't answer my question anyways. You probably haven't even figured out exactly what I am asking yet.

 

[Zigner]

That's twice you've tried to bait me with that hogwash. "I bet you couldn't answer it anyway..." my arse

 

[randolph76]

No one here is going to support doing YOUR research. If you can't do it now when you're in school, what makes you think you'll be able to do it in the real world?