Spouse’s Right of Withdrawal Limited by Amendment

When a trust has given the surviving spouse an unlimited right to withdraw principal and a later amendment gives the spouse the right to withdraw the greater of $5,000 or 5% of the trust principal, the amendment demonstrates the intention of the settlor to limit the right of withdrawal and the original right of unlimited withdrawal is superseded and replaced. O’Sheill Trust, 1 Fid.Rep.4th 99 (Warren O.C. 2022), and O’Sheill Trust (No. 2), 1 Fid.Rep.4th 107 (Warren O.C. 2022), aff’d 555 WDA 2022 (Pa. Super. 1/23/2023).

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