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Home→Tags Spendthrift clause

Tag Archives: Spendthrift clause

Former Spouse Had no Standing over Trust Income

The former wife of the income beneficiary of an irrevocable inter vivos qualified terminable interest property (QTIP) trust had no standing to object to the trustee’s failure to collect income of the trust even though (a) the former wife would … Continue reading →

Posted in Opinions | Tagged Spendthrift clause, Standing

Revocation of Assignment of Spendthrift Interests

A beneficiary may revoke an assignment of undistributed interests in a spendthrift trust, and so summary judgment on a petition for declaratory relief is appropriate.   Middleton Trust, 6 Fid.Rep.3 1 (O.C. Montg. 2015) (opinion by Murphy, J.) … Continue reading →

Posted in Opinions | Tagged Equitable estoppel, laches, Pa.R.C.P. 1035.2, Spendthrift clause, Summary judgment

Spendthrift Clause must Prohibit Assignments to be Effective

Language in trust document regarding creditors of beneficiaries did not restrain voluntary assignments of beneficial interests and so was not a valid spendthrift clause.  Further, even a valid spendthrift clause would not have prevented the beneficiary from assigning distributions as … Continue reading →

Posted in Opinions | Tagged PEF 7742, Spendthrift clause

Beneficiary’s Child Support to be Paid from Estate

A beneficiary’s court-ordered child support arrearage should be paid from the estate, notwithstanding the spendthift clause in the will, and the children’s mother had no standing to object to the administration of the estate or seek removal of the executor.  … Continue reading →

Posted in Opinions | Tagged Attorney fees, Spendthrift clause, Standing

Spendthrift Trust Termination with Charitable Remaindermen

A trust, providing outright distributions to two beneficiaries, income distributions to three more beneficiaries for life, and three charities as remaindermen, cannot be terminated with the consent of all beneficiaries under 20 Pa. C.S.A. § 7740.1 , because the trust … Continue reading →

Posted in Opinions | Tagged Charitable trusts, PEF Code 7740.1, Spendthrift clause

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