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Home→Tags Trust interpretation

Tag Archives: Trust interpretation

Ambiguous Trust Interpreted Based on Previous Wills

Posted on December 21, 2024 by Daniel EvansDecember 21, 2024

The Superior Court had previously held that the decedent’s revocable trust was ambiguous and had remanded the case for the consideration of extrinsic evidence of the decedent’s intent, and so reversed the Orphans’ Court when it disregarded the evidence that … Continue reading →

Posted in Opinions | Tagged Extrinsic evidence, Law of the case, Trust interpretation

Former Partner of Law Firm Remains Trustee

Posted on February 25, 2024 by Daniel EvansFebruary 25, 2024

Provisions of trust documents requiring that successor trustees that may be appointed in the future must be partners of a named law firm does not require that the trustee who is appointed and accepts the appointment must remain a partner … Continue reading →

Posted in Opinions | Tagged Declaratory Judgment, Trust interpretation, Trustee appointment, Trustee vacancy

Spouse’s Right of Withdrawal Limited by Amendment

Posted on October 23, 2023 by Daniel EvansOctober 23, 2023

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 … Continue reading →

Posted in Opinions | Tagged Ambiguity, Declaratory Judgment, Trust amendments, Trust interpretation

Adopted Child Was “Immediate Family”

Posted on June 5, 2023 by Daniel EvansJune 5, 2023

An adopted child was a member of a current beneficiary’s “immediate family” and therefore eligible to receive discretionary principal distributions even though distributions of principal upon the death of the beneficiary are limited to members of the settlor’s “blood line” … Continue reading →

Posted in Opinions | Tagged Adoption, Trust interpretation

Death of Trust Beneficiary While Incapacitated

Will provided for the residue to pass in equal shares to the two grandchildren and, if a grandchild was under the age of 25, his or her share was to be held in trust until age 25 or, if incapacitated, … Continue reading →

Posted in Opinions | Tagged Trust interpretation, Will interpretation

Interpretation of “Balance of Income”

Trust document was interpreted to give grandchildren all of the trust income following their mother’s death, even though document provided for shares of income to other persons who predeceased the mother and directed that upon the death of an income … Continue reading →

Posted in Opinions | Tagged Attorney fees, Trust interpretation

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