October 21, 2012
Evidence Supported Trust Reformation
The 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.
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