Trust Voided for Fraud in the Inducement

An irrevocable trust created by a husband and wife will be voided for fraud upon the petition of the wife when the wife was not involved in the planning of the trust or the selection of marital assets to be placed in the trust and the husband had purchased other properties with marital assets that were not known to the wife and omitted those properties from the assets included in the trust, while wife believed that the trust was intended to hold all of their marital assets.  Passarelli Family Trust, 7 Fid.Rep.3d 63 (O.C. Chester Co. 2016), rev’d, Passarelli Family Trust2019 PA Super 95 (3/28/2019) (en banc).  (The previous decision of a three-judge panel, 2017 PA Super 366 (11/16/2017), was withdrawn and en banc rearg. granted3150 EDA 2016 (1/12/18).)

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