Home Table of Contents

§ 2803. Judicial proceeding

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: October 27, 2010

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 28. Formula Clauses for Federal Tax Purposes
Effective: October 27, 2010
20 Pa.C.S.A. § 2803
§ 2803. Judicial proceeding
Currentness
(a) Standing.--The decedent's personal representative, trustee or any affected beneficiary under the will, trust or other dispositive instrument may bring a proceeding to interpret a formula clause.
(b) Commencement.--A proceeding under this section must be commenced within 12 months following the death of the decedent.
(c) Considerations.--In a proceeding under this section, the court shall consider all of the following:
(1) The provisions and purposes of the will, trust or other dispositive instrument.
(2) The facts surrounding the creation of the will, trust or other dispositive instrument.
(3) The decedent's known or probable intent, based on all the facts and circumstances surrounding the creation of the will, trust or other dispositive instrument. In determining this intent, the court may consider evidence that contradicts the plain meaning of the will, trust or other dispositive instrument.
(4) The identity and interests of beneficiaries of different shares resulting from the application of the formula clause.
(d) Modifications.--The court shall have the power to modify a provision of a will, trust or other dispositive instrument in a manner that is not contrary to the decedent's probable intention in order to achieve the decedent's tax and other objectives.
(e) Effective date of interpretation or modification.--The court may provide that an interpretation or modification pursuant to this chapter shall be effective as of the decedent's date of death.

Credits

2010, Oct. 27, P.L. 837, No. 85, § 3, imd. effective.
20 Pa.C.S.A. § 2803, PA ST 20 Pa.C.S.A. § 2803
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document