Bindman v. Parker

Trustees of two qualified personal residence trusts (QPRTs) commenced these actions in the Probate and Family Court, seeking reformation of the trusts to correct drafting errors that they claimed frustrated the settlors’ intent to reduce their estate and gift tax liabilities. A probate judge reported the cases to the Appeals Court, and we granted the trustees’ applications for direct appellate review.5

Under the trust instruments, the settlors, husband and wife, were entitled to live in the trust property for ten years (income term), after which the property was to be held in trust for their…