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

Summary

The court affirmed the circuit court’s determination that the decedent intended to deprive his surviving spouse of her statutory marital rights by transferring property to a revocable trust. It held that, when such intent is proven, the trust assets may be included in the decedent’s estate solely to calculate the surviving spouse’s elective share, without invalidating the trust for other purposes, and that proof of common-law fraud is unnecessary. Justice Hart, joined by Justice Baker, dissented, asserting that the decision improperly creates an augmented estate and disrupts established probate law and estate-planning practices.