Freedom to Fix MistakesFreedom to Fix Mistakes
The American Law Institute's Restatement Third, Property (Wills and Other Donative Transfers) Volume 2 has just been released. The most important change is a recommendation that courts adopt the mistake doctrine, according to John H. Langbein, a professor at Yale Law School, who served as a reporter for the restatement along with Lawrence W. Wagoner, a professor at the University of Michigan Law School.
May 1, 2003
Rorie M. Sherman Editor in Chief
The American Law Institute's Restatement Third, Property (Wills and Other Donative Transfers) Volume 2 has just been released.
The most important change is a recommendation that courts adopt the “mistake doctrine,” according to John H. Langbein, a professor at Yale Law School, who served as a reporter for the restatement along with Lawrence W. Wagoner, a professor at the University of Michigan Law School. This doctrine, which Langbein says a few courts around the country have been moving toward, permits judges to correct both omissions and misstatements in wills when they find clear and convincing evidence of the testator's intent. The thinking is that judges should no longer be bound by the exact letter of...
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