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Florida Probate Blog

Posts Tagged: beneficial interest

Divorce Does Not Dissolve Beneficial Interest in Trust

Written by on Apr 29, 2009| Posted in: Trust Litigation

Court Refuses to Use Merger to Disinherit Former Spouse.What is the doctrine of merger? The doctrine of merger is set forth in the Restatement of (Third) Trusts ยง69, which provides that if the legal title to the trust property and the entire beneficial interest become united in one person, the trust terminates. The comments to this section of the Restatement also states that if by inter vivos transfer, will, or operation of law the entire beneficial interest in trust property passes to the trustee, the trust terminates and the trustee holds the property free of trust. Thus, if the sole beneficiary of a trust dies intestate and his interest passes to the trustee as his heir, merger occurs and the trust terminates. Similarly, if the trustee is also the life beneficiary of the trust, and if the sole remainder beneficiary, holding an indefeasibly vested remainder interest in the trust, assigns […]

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