Legal Question in Wills and Trusts in New Jersey

The trustee accepts that the trust agreement was made in sound mind and without undue influence. Despite this, there is one article of the trust that she takes issue with, claiming that the grantor intended the exact opposite of what it clearly specifies, and on this basis she refuses distributions that should be mandatory according to several lawyers I consulted. I have read that for purposes of summary judgment, documents are generally considered objective evidence. One of them told me that documentary intent is seldom ambiguous, and this document does not seem to be an exception to the rule. It seems likely that a judge at a summary judgment hearing would find that there is absolutely no ambiguity in it. Would a judge have authority to re-write it or discount it even if he finds no ambiguity, merely on the basis of testimony by the trustee that it would not be in character for the grantor and it is just boilerplate? On the other hand, if testimony about the testator/grantor's intent could not change the meaning of the document, wouldn't that mean that there is no trialable issue of fact connected to this document and the case is likely to merit summary judgment? Does a judge look beyond the 4 corners of a document ONLY WHEN HE FINDS AN AMBIGUITY IN IT?


Asked on 2/09/16, 9:15 am

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

It's not possible to really answer your question without being retained and then reviewing the document in question.

That said, the general rule is that a Judge looks to the plain meaning of the language used in the document and absent fraud, mistake or some other good reason....that language is given it's plain meaning and is followed....UNLESS the language is ambiguous. Only then can other things [e.g. evidence as to the grantor's intent, etc.] be taken into account by the Judge...in order to Explain or clarify the ambiguous language. If there is no ambiguity, then there is no need to go searching for the grantor's intent.

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Answered on 2/09/16, 9:22 am


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