Revoke A Trust

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Patterson v. Patterson; a trust may be revoked either by complying with a method for revocation set out in the trust or by any method manifesting clear and convincing evidence of the settlor's intent.

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In re Estate of Hall

Although will generally requires two attesting witnesses, document may be validated with clear and convincing evidence that decedent intended document to be his will. Notary public.

LaCroix v. Senecal

Doctrine of dependent relative revocation sustains revoked gift if testator cancels or destroys will with present intention of making new one immediately but new will is not made or, if made, fails of effect for any reason. Residuary clause; revocation.

Scheffel v. Krueger

Statute authorizing spendthrift trusts creates absolute prohibition against attaching assets in those trusts. Attachment; spendthrift fund.

Asset Not Removed from Trust By Change In Title

Heaps v. Heaps, conversion, laches. Trust assets.

Posthumously Conceived Children are Issue

In re Martin B; If the governing instrument is silent, posthumous children conceived through in vitro fertilization with the consent of the parent are treated as part of their father's family for all purposes; en ventre sa mere.

Equitable Deviation of Trust

In re Riddell; Equitable deviation allows the court to modify the administrative or distributive provisions of a trust if circumstances not anticipated by the settlor mean that modification or deviation will further the purposes of the trust.

Frivilous Lawsuits

Rudnick v. Rudnick; litigious beneficiaries; attorney fees.

Draft Will

Morse v. Sharkey; plain language; a court will give effect to the intent of the drafter of a will as indicated in the plain language of the will itself.

Revocable Living Trust

Brown v. Miller; transfers of assets to a revocable living trust are the same as transfers of assets outright to the person owning the trust.

Life Insurance Beneficiary Designation

Cook v. Equitable Life Assurance Society; changing a beneficiary designation by will alone is ineffectual, but strict compliance with life insurance policy will not be required if the insured has done all within his powers

IRA Beneficiary Designation

Nunnenman v. Estate of Grubbs; a change in beneficiary can be accomplished in a will so long as the language of the will is sufficient to identify the account involved and an intent to change the beneficiary. designate beneficiary.

Interest In A Trust

Tait v. Community First Trust Co.; the interest of a beneficiary in an inter vivos trust vests when the trust is created and thus does not lapse if the beneficiary predeceases the settlor.

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