Following Trust under Agreement of Edward Winslow Taylor, 640 Pa. 629, 164 A.3d 1147 (2017), a trust cannot be modified to allow the beneficiaries to remove and replace trustees even with the consent of the settlor under 20 Pa.C.S. § … Continue reading
Tag Archives: Trust Modification
Petitions relating to an irrevocable trust were dismissed sua sponte, but without prejudice, when it became clear that the irrevocable trust had been “amended” and the petitioners had failed to disclose the original terms of the trust or how it … Continue reading
The Supreme Court has held that that 20 Pa.S.C. § 7766 is the exclusive method for removing a trustee, and that a trust cannot be modified under § 7740.1 to allow the beneficiaries to remove and replace the trustee. Trust … Continue reading
The IRS has issued another private letter ruling granting retroactive tax effect to a judicial modification of a trust. In PLR 201652002, the IRS granted retroactive effect to a court “reformation” under Uniform Trust Code § 416, which allows a … Continue reading
The Supreme Court has issued an order allowing an appeal from the decision of the Superior Court in Trust under Agreement of Edward Winslow Taylor, 2015 PA Super 199, (9/18/2015), (dissent by Platt, J.). No. 692 EAL 2015 (4/12/16). In its … Continue reading
Can the beneficiaries of a trust agree to a modification of the trust in accordance with 20 Pa.C.S. § 7740.1 that allows them to remove and replace a corporate trustee without any showing that the trustee can be removed in … Continue reading
A trust may be modified under 20 Pa.C.S. § 7740.1(d) to allow the beneficiaries to remove and replace a corporate trustee without regard to the conditions for removing trustees under 20 Pa.C.S. § 7766. Trust under Agreement of Edward Winslow … Continue reading
In denying a petition by the beneficiaries of a trust to modify the trust to allow the beneficiaries to remove and replace the trustee, Judge Herron has confirmed that the provisions of 20 Pa.C.S. § 7140.1 allowing modification of trusts … Continue reading
The Philadelphia Orphans’ Court has denied a petition by Board of Directors of City Trusts of Philadelphia seeking a modification of the trust for Girard College under the will of Stephen Girard that would have converted the college’s residential program … Continue reading
Modification of trusts under 20 Pa.C.S. 7740.1(b) to change corporate co-trustee, and to make it easier to change the corporate co-trustees in the future, was approved when the corporate co-trustee being removed did not object and the modification was not … Continue reading