Fiduciary Trust Co. v. Gow

*1038These cases are before the court on the trustee’s applications for direct appellate review after being reported to the Appeals Court by the Probate and Family Court. The question is whether the trusts at issue should be reformed to permit the trustee to sever each of them into two separate but identical trusts to minimize Federal generation skipping transfer (GST) taxes.

Typically, this type of reformation is allowed where there is a full and proper record and the requisite degree of proof concerning the settlor’s intent to minimize tax consequences. See, e.g., BankBoston v. Marlow, 428 Mass.…