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Fla. 4th DCA·
2023-03-15
A party seeking relief from a trust reformation judgment under Rule 1.540(b)(3) must show that the fraud would have changed the outcome of the case. When a movant asserts a homestead interest that would be dispositive of the reformation—because homestead rights vest upon death an
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Fla. 4th DCA·
2023-03-15
The appellate court reversed a trial court's denial of a motion to vacate a trust reformation judgment. The court held that the trial court erred by not considering the appellants' asserted homestead interest in the property, which, if established, could render the reformation ju
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Del. Ch.·
2023-01-31
The appellate court affirmed the trial court's judgment, holding that the petitioner failed to prove his claims for reformation of the trust agreement by clear and convincing evidence. The court found that the petitioner did not demonstrate a specific intent regarding the Trust P
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Del. Ch.·
2022-08-17
The Court of Chancery properly dismissed Count I of the Second Amended Complaint, which sought the removal of a trust advisor. The court held that the plaintiffs, who were entitled to contractual payments from the proceeds of assets held in the Exchange Trusts, were not beneficia
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Del. Ch.·
2022-05-26
The Court of Chancery has jurisdiction over the trust. A person's incompetency under the trust can be determined by a certificate from their regular physician, and reasonable attorneys' fees, costs, and expenses incurred by the corporate trustee are payable from the trust funds.
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Del. Ch.·
2022-05-20
The Court held that the Decedent's 2019 Will effectively amended her 2018 Trust, disinheriting her daughter, the Respondent. The Court found that the clear intent expressed in the 2019 Will, which directed the estate's pour-over into the 2018 Trust while simultaneously excluding
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Del. Ch.·
2021-02-19
The court held that a motion in limine seeking to preclude claims based on time-bar defenses should be treated as a motion for partial summary judgment. The court further held that the defendants did not waive their time-bar defenses, as a statute of repose cannot be waived. Fina
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S.D. Fla.·
2020-08-07
The court denied the Trustee's motion to amend the Trust Agreement to allow investment in defaulted policy interests, finding it inconsistent with the Trust's purpose and potentially harmful to beneficiaries.
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Fla. 3d DCA·
2020-05-20
This case involves a dispute over the modification of a trust. The appellate court affirmed the trust modification but reversed the denial of attorney's fees for the former trustee, finding it was mandated by the trust's terms unless bad faith was proven.
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Del. Ch.·
2020-01-31
The Court of Chancery affirmed the Master's denial of the intervenor's motion to discharge the receiver and appoint him as successor trustee. The court held that while the trust instrument contemplated the intervenor's succession, unforeseen conflicts of interest, including a pec
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Fla. 2d DCA·
2019-06-07
The appellate court reversed a summary judgment that would have distributed a trust's corpus to contingent beneficiaries. The court held that the trust's language indicated the corpus should have been distributed to the grantor's granddaughter's children, not to the estate of the
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Del. Ch.·
2016-01-15
The Court of Chancery properly granted the motion for judgment on the pleadings, finding that the settlor failed to effectively exercise the special testamentary power of appointment. The trust agreement unambiguously required specific formalities for the exercise of the power, w
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Del. Ch.·
2012-12-10
The petitions are denied because Delaware law does not govern the trusts, as each trust affirmatively selects the governing law of a different jurisdiction (New York or New Jersey). Furthermore, the requests for declaratory judgments regarding trustee resignations and successor a
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19 So. 3d 333·
Fla. 2d DCA·
2009-02-27
The court addressed whether a surviving trustor could unilaterally amend a joint revocable trust to redirect assets away from the original beneficiaries (the settlor's children) to a foster child and caregiver. The court held that both grantors were required to execute any amendm
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964 F.2d 959·
9th Cir.·
1992-05-20
The court held that the trust agreement, when interpreted under Arizona law to effectuate the settlors' intent, allows for the QTIP marital tax deduction because the surviving spouse is entitled to all income.
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845 F.2d 80·
4th Cir.·
1988-04-25
The dissenting judge would hold that the trust income is protected from creditors, reversing the lower court's decision.
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820 F.2d 201·
6th Cir.·
1987-06-04
The court held that the widow's interest in the non-marital deduction trust was capable of valuation under recognized principles, entitling her estate to an estate tax credit.
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648 F.2d 1286·
10th Cir.·
1981-05-11
The court held that the decedent did not possess a general power of appointment because the trust instrument, when read as a whole and considering extrinsic evidence, indicated an intent to restrict the power to appoint a successor trustee to corporate entities.
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634 F.2d 5·
1st Cir.·
1980-11-05
The court held that the estate tax charitable deduction was improperly disallowed because, under the circumstances and Massachusetts law, the trustee's discretion to pay charitable bequests was so limited by fiduciary duty and the settlor's intent that nonpayment was a negligible
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204 So. 2d 736·
Fla. 2d DCA·
1967-12-08
The court held that the trust instrument's provisions, when read in their entirety, indicate the settlor intended discretionary rather than mandatory monthly payments to beneficiaries.
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355 F.2d 269·
3d Cir.·
1965-12-22
The court held that distributions to retired employees, even if they may be unable to support themselves, are not charitable if the class is not impoverished.
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290 F.2d 188·
9th Cir.·
1961-05-05
The court held that the possibility of the trustee expending less than the maximum specified amounts for charitable bequests was too remote to justify reducing the value of the decedent's vested remainder interest for estate tax purposes.
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278 F.2d 452·
D.C. Cir.·
1960-05-05
An irrevocable trust was established, and the settlor (Association) cannot invade the corpus to increase annuity payments, as the power to do so was not reserved.