Monday, November 11, 2013

Estate of Woodworth case brief

Estate of Woodworth case brief summary
22 Cal. Rptr. 2d 676 (1993)


CASE SYNOPSIS
Appellant, potential beneficiary, sought review of an order from the Superior Court of Kern County (California), which rejected their claim to the remainder of a testamentary trust and concluded that based on the date of death of the life tenant, respondents, niece and nephew of testator, were entitled to the trust assets.

CASE FACTS

Appellant, potential beneficiary, sought review of an order which relied on the language of the decree of distribution and found that respondents, niece and nephew of testator, were entitled to the trust assets. Appellant was the residual legatee of the spouse of the named ancestor who predeceased the life tenant under the testator's will.

DISCUSSION

  • On appeal, the court reversed and found that the trial court had erred when it determined that the date of death of the life tenant determined the heirs available for distribution of the trust assets. 
  • The court held that absent evidence of the testator's intent to the contrary, the common law preference for early vesting should have been applied. 
  • Thus, the identity of heirs entitled to trust assets should have been determined at the date of death of the named ancestor who predeceased the life tenant. 
  • The court ruled that absent any firm indication of testamentary intent, the rules of construction must be implemented in order to ensure uniformity and predictability in the law. 
  • The court reversed and found that if the proper rules of construction had been applied appellants would have been entitled to share in the trust assets.

CONCLUSION
The court reversed the order which found that respondents, niece and nephew of testator, were entitled to receive the trust assets, because absent evidence of the testator's intent to the contrary the preference for early vesting applied. The court also held that the identity of heirs entitled to the trust assets must have been determined at the date of death of the named ancestor, not at the date of death of the life tenant.

Suggested Study Aids For Wills, Trusts & Estate Law

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