Patterson v. Patterson
Utah Supreme Court
266 P.3d 828 (2011)
In 1999, Darlene Patterson created the Darlene Patterson Family Protection Trust. Upon Darlene’s death, her children were to divide the trust property among themselves. Darlene reserved the right to amend or revoke the trust by written instrument delivered to the trustee. In 2006, Darlene amended the trust to remove her son, Ron Patterson (plaintiff), as a beneficiary. Darlene explained in the amendment that she was not providing for Ron because she felt she had already provided for him during his lifetime. Darlene passed away 11 months later. Ron brought suit against the trust and the estate (defendants), seeking to have the amendment invalidated because it violated the terms of the trust. The district court granted Ron partial summary judgment. The trustee appealed.
Rule of Law
Holding and Reasoning (Parrish, J.)
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