In re the Trust under Agreement with Rubin

OPINION OF THE COURT

Eve Preminger, S.

These are two independent applications, decided together, concerning inter vivos trusts for beneficiaries with long-term disabilities. All of the trusts involved were created before supplemental needs trusts were specifically authorized either by case law or by statute. In each of the proceedings, petitioners ask for reformation to conform the instruments’ terms to the statutory requirements for supplemental needs trusts, in order to establish or maintain eligibility of the respective beneficiaries for government benefits necessary for their care.

The…