In re the Estate of Glick

OPINION OF THE COURT

Renee R. Roth, S.

The fiduciaries of this estate request reformation of article second of decedent’s will so that the trust it created qualifies as a charitable remainder annuity trust pursuant to section 664 of the Internal Revenue Code (26 USC § 664). Generally, such proceedings are brought to qualify charitable remainder trusts for the Federal estate tax charitable deduction which automatically assures the New York charitable deduction (Tax Law § 955). This case is unusual in that reformation is only needed to secure the New York deduction since the trust is exempt from…