In re the Estate of Passoff

FISHER, P.J.Ch.

The fiduciaries of the Estate of Diane Passoff and the Diane Passoff Life Insurance Trust seek advice and directions. Their-request poses the vexing question of whether a Will’s forgiveness of a debt may be avoided through reformation when the estate is found insolvent and incapable of paying any specific bequests.

The facts — which are undisputed — reveal that Diane Passoff (“decedent”) died on December 21,1999, leaving a Will dated June 21, 1999 (“the Will”). She was survived by three daughters, Michelle Passoff, Cindy Urken and Nina Kfare. Michelle Passoff *114has no children;…