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June 28, 2006

The Art of Drafting

I've always been a big believer in the importance of good legal drafting.  My feeling has only been reinforced since I've recently encountered the following:

1. A buy-sell agreement that tells how to value the company's shares upon the employee's death, but makes no mention of the valuation date to be used;

2. A premarital agreement that requires one spouse's estate to pay "for the support, health care and maintenance" of the other spouse, but doesn't define these terms or set a timeframe for payments; and

3. A trust (in the same case as the above premarital agreement) that includes numerous gifts to the surviving spouse, but doesn't indicate whether the gifts are in satisfaction of -- or in addition to -- the gifts required under the premarital agreement.

Good drafting is like insurance -- it can save you a LOT of time, trouble and money down the road.

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