Keener v. Keener, 278 Va. 435

Summary

The Supreme Court of Virginia held that a no-contest clause in an inter vivos trust forming part of a testamentary estate plan may be enforced under principles applicable to no-contest clauses in wills. However, the beneficiary's act of opening intestate administration did not constitute an objection to or contest of a provision of the trust because the clause did not clearly cover that conduct. The court reversed the circuit court's forfeiture ruling and remanded for further proceedings on the beneficiary's counterclaim.

Holdings

1. No-contest provisions in an inter vivos trust that constitutes part of a decedent's testamentary estate plan are subject to the same strict-enforcement principles applicable to no-contest provisions in wills.
2. Debra's act of opening intestate administration did not trigger the trust's forfeiture clause because it was not an objection to or contest of any provision of the trust.

Questions Presented

1. Whether no-contest principles applicable to wills also apply to a forfeiture clause contained in an inter vivos trust that formed part of the decedent's testamentary estate plan.
2. Whether Debra's act of opening intestate administration of the estate constituted an objection to or contest of a provision of the trust under the trust's forfeiture clause.

Disposition

reversed_and_remanded