A “merger clause” is a common provision in a contract. It will usually state something along the lines of the contract being a “complete and exclusive statement of the agreement.” If a contract is a final, complete agreement, the parol evidence rule prohibits prior or contemporaneous oral agreements which vary or contradict the written terms…
The language of a trust is extremely important. And when a will, trust, and other estate documents form part of the same plan, they are interpreted together. Indeed, “[w]hen a trust and will form parts of the same plan, they must be construed together.” Shriners Hospital for Children v. Schaper, 215 S.W.3d 185, 189-90 (Mo….
The general rule regarding contract interpretation is to ascertain the intent of the parties’ from the language used in the contract. Contracts are typically construed as a whole. This can be complicated when a contract incorporates collateral documents/exhibits. An instrument may incorporate the whole or any part of another instrument by reference. Wilson Mfg. Co. v….