What is the standard of review for interpretation of a trust instrument?
California, United States of America
The following excerpt is from Estate of Cisneros v. Cisneros-Saenz, A146735 (Cal. App. 2017):
Interpretation of a trust instrument presents a question of law subject to de novo review, unless interpretation turns on the credibility of extrinsic evidence or a conflict therein. (Burch v. George (1994) 7 Cal.4th 246, 254.) For the purposes of this appeal, the parties did not dispute the critical facts. Accordingly, this appeal is governed by the de novo standard of review.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
What is the standard of review for a motion to review a decision of a trial court? (California, United States of America)
On appeal, what is the standard of review in the context of a motion for summary review of the facts of the case? (California, United States of America)
How have the trustees of a trust been found to have breached their fiduciary duties toward the trust by failing to disclose to the trustee that the trustees have a conflict of interest in the trust? (California, United States of America)
When a bench officer issued an order for a fee under review was not the same bench officer as the judge who presided over the trial, can the court exercise a less deferential standard of review? (California, United States of America)
How does the abuse of review standard of review apply? (California, United States of America)
What is the applicable standard of review for an application of the independent review test? (California, United States of America)
Can a defense interpreter only interpret words of the witness interpreter at trial? (California, United States of America)
What is the standard of review for reviewing state law errors at the guilt phase of a trial? (California, United States of America)
What is the standard of review for violations of the right to interpreter? (California, United States of America)
