Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

A Member of the Law Professor Blogs Network

Sunday, October 21, 2012

Evidence Supported Trust Reformation

ImagesThe testator drafted her own will which included two testamentary trusts terminating on the death of the income beneficiary but did not dispose of the remainders. The Nebraska intermediate appellate court affirmed the trial court’s reformation of the trusts finding that an unexecuted professionally drafted will, the general estate plan, and other extrinsic evidence provided clear and convincing evidence of the testator’s intent to make the income beneficiaries’ daughter the remainder beneficiary of both trusts.  In re O’Donnell, 815 N.W.2d 640 (Neb. Ct. App. 2012).

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.

http://lawprofessors.typepad.com/trusts_estates_prof/2012/10/evidence-supported-trust-reformation.html

New Cases, Trusts | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef017c32b17ec2970b

Listed below are links to weblogs that reference Evidence Supported Trust Reformation:

Comments

Post a comment