As the summer months approach, and the winter and spring seasons leave their trail behind, we consider the many instructive opinions rendered by the Surrogate and Appellate courts affecting the field of trusts and estates. Discussion of some of these opinions follows.

Appellate Division Affirms Respondent’s Lack of Standing Based on In Terrorem Clause

In In re Biondo, the Appellate Division affirmed an order of the Surrogate’s Court, dismissing the objections to the accounting of the preliminary executor for lack of standing. The record revealed that pursuant to the decedent’s will, the assets of his estate were to be distributed in accordance with an inter vivos trust agreement to each of his two sons, one of whom was the petitioner and one of whom was the objectant. The trust agreement contained an in terrorem clause providing that the “gifts in the trust” were made on the condition that none of the beneficiaries “shall oppose or contest the validity of the trust in any manner.”