New PA Directed Trust Act The Directed Trust Act (“DTA”), which goes into effect on October 13, 2024, is found in the new Subchapter H.1 of the PA Uniform Trust Act.  See, 20 Pa.C.S.A. §§ 7780.11-7780.27.  Directed trusts are defined, for purposes of the DTA, as “trust[s] for which the terms of the trust grant […]

On December 14, 2023, Pennsylvania amended certain sections of its guardianship statutes, effective June 11, 2024. Act of Dec. 14, 2023, P.L. 446, No. 61, Cl. 20.  Among the changes is the addition of a requirement that counsel for the alleged incapacitated person be appointed by the court in all matters in which counsel has […]

In Re: Trust B under Agreement of Richard H. Wells dated September 28, 1956, No. J-A18026-22, 2022 PA Super 154 (Pa. Super. Sept. 7, 2022) In a case of first impression, the Pennsylvania Superior Court held that the payment of reasonable trustee’s commissions did not constitute a sufficient basis for termination of a trust under […]

In Re: Trust Established under Agreement of Sarah Mellon Scaife, Deceased dated May 9, 1963, No. J-A06008-22, 2022 WL 1617129, (Pa. Super. May 23, 2022) In the context of litigation regarding objections to a trustees’ account, the estate of a deceased beneficiary sought production of unredacted versions of previously produced documents on the basis of […]