The New Jersey Supreme Court has directed that the Court’s function in construing a decedent’s will is “to ascertain and give effect to the ‘probable intention of the testator.’” Fidelity Union Trust Co. v. Robert, 36 N.J. 561, 564 (1962) (further citations omitted). This function applies to the enforcement of the testator’s intent regarding testamentary.. read more →

(Below I have reproduced a portion of the legal argument section in a brief we recently filed to support an application asking the court to effectuate the intent of a decedent by reforming a trust created by the decedent into a special needs trust so that the decedent’s surviving adult disabled child could maintain her.. read more →

In this case, the decedent, William McLellan, created an irrevocable life insurance trust for the primary benefit of his wife and children in 2006. The life insurance trust was funded with a $2.5 million life insurance policy. Plaintiff, Lois Jean McLellan, the spouse of the decedent and mother of two of decedent’s four children, was.. read more →

2009 was an exciting year of litigation in the elder and disability law arena, producing a bumper crop of significant decisions from the administrative forum, as well as state and federal courts. In stark contrast with years past, New Jersey lawyers are now in the forefront of the effort to expand legal protections to greater.. read more →

A court of equity in New Jersey is empowered to reform a trust in order to accomplish the settlor’s objectives, even where the terms of the trust are unambiguous. Bogert, The Law of Trusts and Trustees §§991, 994 at Ch. 47; see In re Crichfield Trust, 177 N.J. Super. 258, 261 (Ch. Div. 1980) (“A.. read more →