In the Matter of the Estate of H. Ripley Thompson, Deceased. and Vance Thompson

Summary

The Supreme Court of Arkansas affirmed the circuit court's determination that the decedent amended his revocable trust with the intent to deprive his surviving spouse of her elective marital share. It held that, when such intent is established, trust assets may be included in the probate estate solely to calculate the surviving spouse's elective share, without invalidating the trust for other purposes, and that common-law fraud elements are unnecessary. Justice Hart, joined by Justice Baker, dissented, arguing that the decision improperly creates an augmented estate contrary to Arkansas probate law and threatens established estate-planning tools.