It is common to amend pleadings. The purpose of pleadings are to define the factual and legal issues that are being tried. Generally, judgments which exceed the scope of the claims in a lawsuit and pleadings are improper. Sometimes pleadings may be amended to conform to the evidence presented at trial. Rule 55.33(b) allows the…
Legal Articles
Trust Amendments and Modifications
When interpreting trusts, the intent of the settlor when the trust was created governs, and subsequent modifications are effective only in the manner expressed in the trust instrument. Banks v. Central Trust and Inv. Co., 388 S.W.3d 173, 176 (Mo. Ct. App. 2012). Generally, the settlor can modify the trust only in the manner provided…
Modification of Trust Because of Unanticipated Circumstances
Under Section 456.4-412, RSMo, the Court may modify an irrevocable trust if, because of circumstances not anticipated by the settlor/trust-maker, the modification or termination will further the purposes of the trust. This statute obviously adds great flexibility to the Court’s ability to change the terms of a trust. This was largely in response to situations…
Revocation or Amendment of a Revocable Trust
Missouri trusts are presumptively revocable. Therefore, they are freely amendable and capable of being cancelled by the settlor/grantor, unless the trust itself states that it is irrevocable. To amend a trust, the general rule of thumb is that one must follow the method of amendment/revocation provided for in the terms of the trust — or…
Contract Novation: Replacing Parties & Obligations
A contract novation is a substitution of a new contract, obligation, or party for an old contract, obligation, or party. It is, therefore, a type of contract amendment between parties. In litigation, a novation is often used as an affirmative defense to defend a breach of contract claim. The complaining party will allege breach, but…
Contract Disputes
Whether you realize it or not, contracts play a crucial role in our day-to-day lives. Purchasing a TV from a department store forms a contractual relationship. Filling up at the gas station forms a contractual relationship. Things do not always have to be formally reduced to writing to create a legally binding contract, like with…