Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, October 16, 2021

Top State Court Upholds Trust Provision Requiring Beneficiary to be Unmarried

From The ABA Journal:

The Indiana Supreme Court has upheld a trust provision that made distribution of an inheritance contingent on the beneficiary being unmarried.

The state supreme court ruled Oct. 8 that the provision is not an unlawful restraint on marriage.

The Indiana Supreme Court said Indiana law voids will provisions that condition a spouse’s inheritance on remaining unmarried. But the law doesn’t apply to trusts, which can set marriage conditions on spouses and others.

“The trust code does not prohibit conditions in restraint of marriage at all,” the Indiana Supreme Court said. “What it prohibits is ignoring the settlor’s intent (and where relevant, the trust’s purpose) as manifested in the trust’s plain terms.”

Read more here.

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