Bandy v. Clancy

Michelle Bandy et al. v. Alexandra Clancy, No. 93, Sept. Term, 2015 Opinion by Battaglia, J. Marital Deduction – Will Construction – Estate Taxes A second codicil, executed several years after a will, had the effect of qualifying a family trust, created from the residuary estate, for the marital deduction for federal estate tax purposes. A savings clause, also in the second codicil, restricted the personal representative from paying taxes on property allocated to the marital deduction to avoid diminution of the marital deduction. As a result, the family trust was exempt from liability for…