Scalfaro v. Rudloff

In creating a trust for the ultimate benefit of their children, the Rudloffs used a form-book “living trust” document believed by the parties to have been obtained from a stationery store and executed without the benefit of legal advice. I respectfully differ with the majority’s conclusion that the instrument is clear and definite; rather, I believe that the document is poorly drafted and materially ambiguous.

For purposes of this appeal, the critical portion of the declaration of trust is the revocation provision contained in its paragraph five, as follows:

We reserve unto ourselves the power…