Alaska Supreme Court

Olive Kathryn Purcella, Appellant v. Olive Kathryn Purcella Trust, Appellee

April 18, 20142014 Alas. LEXIS 65

Summary

The Alaska Supreme Court affirmed the denial of Kathryn Purcella's petition to reform or terminate her irrevocable trust. It held that the superior court did not clearly err in finding that Kathryn understood and intended the trust's terms, that her alleged misunderstanding was not an unanticipated circumstance, and that she waived her consent-based termination argument. The court also upheld the rejection of her undue-influence claim because the record did not establish the required elements by clear and convincing evidence.