As 2023 draws to a close, we consider some of the decisions in the fourth quarter affecting the field of trusts and estates. Of particular note are the opinions discussed below addressed to such issues as contracts to make a will, in terrorem clauses and termination of trusts.

Claim Based on Oral Promise Rejected

In Padilla v. Estate of Larmett, the Surrogate’s Court, New York County, granted summary judgment dismissing a proceeding based on an alleged promise to make a testamentary disposition. Plaintiff initially commenced an action by summons and complaint in the Supreme Court seeking one-third of the decedent’s estate, based on alleged oral promises made to him by the decedent, as well as two “will questionnaires.” The executor of the decedent’s estate served and filed an answer, and moved to dismiss the complaint.

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