Cotrustee’s Petition to Partition Denied

The current beneficiary and individual cotrustee of a trust holding a partial interest in a family farm, had petitioned the Orphans’ Court to allow him to file a partition action without the consent or joinder of the institutional cotrustee. The court had denied the petition without prejudice and the Superior Court affirmed, concluding that the beneficiaries of other trusts with interests in the farm had standing to contest the petition both because they would be adversely affected by a partition and because they were vested future beneficiaries of the petitioner’s trust, that the sale of the farm was contrary to the intentions of the settlors, that the farm produced enough income to pay for its maintenance and the partition was not in the long-term best interests of the current and future beneficiaries of the trust (which the court must consider under 20 Pa.C.S.A. 7763(a.1), that the institutional cotrustee serving as a trustee of other trusts holding interests in the farm was not a conflict of interest, that the current beneficiary did not have an unqualified right to force a partition as a co-tenant, and that the denial without prejudice was not error because it was speculative to assert that circumstances were not likely to change in the future. In re: That Portion of the Ward Family Trust for the Benefit of Michael Edward Ward, 1241 WDA 2023 (Pa. Super. 7/30/2024).

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