Earl Guidotti's will created a trust for the benefit of his wife, Darlene, with the remainder to charity. However, Mrs. Guidotti could no longer receive trust income or invade its principal if she 'should remarry, or, live with a man as though they were husband and wife. . . " Mr. Guidotti died on March 13, 1999. One year later, Mrs. Guidotti filed a petition to reform the will to obtain favorable tax treatment, arguing that the clause regarding her remarriage or cohabitation was a restraint on marriage. Mrs. Guidotti's reformation petition included a declaration by the attorney who had drafted the trust that Mr. Guidotti was 'extremely jealous' of his wife and that he had instructed the attorney to draft the will in such as way as to prevent his wife from remarrying or cohabiting with another man. The probate court refused to declare the clause void, finding that the intent was merely to give the use of the trust until a new husband could provide support.
Noting that 'the paramount rule in the construction of a will is the determination of the testator's intent,' the California Court of Appeal reverses. Here, the court finds that Mr. Guidotti's clear intent was not to provide for his wife until she formed another relationship but to restrain her remarriage. The court also finds that the clause was inconsistent with Mr. Guidotti's desire to reduce taxes on his estate.
For the full-text of this decision, go to https://www.courtinfo.ca.gov/opinions/documents/B145085.PDF.
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