The recent opinion by the Appellate Division, Third Department, in In re Strom Irrevocable Trust III, 2022 NY Slip Op 01356, provides a cautionary tale to estate litigators who conduct SCPA 1404 examinations in the face of a trust instrument’s in terrorem clause. While in terrorem clauses are strictly construed, the Appellate Division found that the subject clause had been triggered as a result of conduct engaged in by the respondent during the course of a probate proceeding regarding the grantor’s will. Ilene S. Cooper discusses the decision in our latest post.
Continue Reading Third Department Examines In Terrorem Clause
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In Terrorem Clause Construed to Apply to Revocation Proceeding
By Jaclene L. D'Agostino on
Posted in Construction of Wills and Trusts
The First Department has issued a noteworthy decision in determining that an in terrorem clause would be triggered by a revocation proceeding. Jaclene D’Agostino discusses the case in this week’s entry.
Continue Reading In Terrorem Clause Construed to Apply to Revocation Proceeding