Simches v. Simches

In this action the settlor and sole trustee of an irrevocable trust instrument seeks to reform the instrument by changing the remaindermen so as to accord with the settlor’s intentions and thus avoid tax consequences that were neither foreseen nor intended when the trust was created. The single justice reserved and reported this case without decision to us.

I

In 1992, the plaintiff established a qualified personal resi*684dence trust (QPR trust) pursuant to § 2702 of the Internal Revenue Code (1994) (I.R.C.), and transferred her Osterville vacation property into that trust. According to the terms…