§ 2803. Judicial proceeding.
(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.
Cross References. Section 2803 is referred to in section 2802 of this title.
Section: Previous 2801 2802 2803Last modified: October 8, 2016