Situs of Trust Was Not Effectively Changed by Beneficiaries

The attempt by the beneficiaries to change the situs of a trust which was the subject of litigation was properly disregarded by the Orphans’ Court, even though the trust document specifically allowed the beneficiaries to change the situs, because under 20 Pa.C.S. § 7705(b)(13) the power of the court to “exercise jurisdiction as may be necessary in the interests of justice” prevails over the trust document when the beneficiaries were attempting to transfer the situs to a state that had previously held it did not have jurisdiction over the trust (and would not have jurisdiction over the trustee), making court supervision of the trust impossible, and because the beneficiaries acted with “unclean hands.” In re: Dille Family Trust, 26 WDA 2023 (Pa. Super. 5/16/2024) (non-precedential).

[For previous decisions involving the situs and trusteeship of this trust, see “Choice of Law for Administration of Trust,” summarizing  96 WDA 2022 and 97 WDA 2022 (Pa. Super. 9/19/2023) (non-precedential), and “Contempt Affirmed over Situs Dispute,” summarizing 853 WDA 2021 (Pa. Super. 9/11/2023) (non-precedential). Another later opinion involving this trust is “Denial of Expanded Intervention Was Abuse of Discretion,” summarizing 1326 WDA 2022 (Pa. Super. 5/16/2024) (non-precedential).]

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