Trust May Be Modified And Corporate Trustee Can Be Replaced Without Cause

• Thursday, December 10, 2015
• Category: Wills, Trusts and Estate Litigation

In a 2-1 decision, the Superior Court recently reversed an earlier ruling of the Philadelphia County Orphans’ Court and determined that a trust may be modified to add a portability clause to enable trust beneficiaries to remove and replace a corporate trustee without cause. See Trust Under Agreement of Edward Winslow Taylor, 2015 WL 5474319, 2015 Pa. Super 199 (2015), reversed Edward Winslow Taylor, O.C. 3563 IV of 1939 (O.C. Phila., August 18, 2014). On October 6, 2015, the corporate trustee filed with the Superior Court an application for reargument, which had not been ruled upon when this blog was written.

Reference: John T. Stinson, Jr, & Adam Grisdorff, Case Summary, Probate and Trust Law Section Newsletter, Philadelphia Bar Association (November 2015)

Filed Under: Trust Litigation; Removal of Corporate Trustee

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