November 10, 2021

Supreme Court Says Trusts May Include Marriage Restraint Provisions

Indiana Lawyer

Business litigation attorneys Jason Rauch, Kathy Osborn and Daniel Roy coauthored an article for Indiana Lawyer titled “Supreme Court Says Trusts May Include Marriage Restraint Provisions,” which details the recently decided Indiana Supreme Court case Rotert v. Stiles.

The authors outline the case and explain how it serves as an example of a court’s strict adherence to statutory text and judicial restraint. The authors also detail how the case addressed two fundamental questions: whether a trust provision may be void as an improper restraint on marriage and, more broadly, whether a trust’s terms may be void for violating public policy at all.

The article highlights how, in light of the Court’s opinion, the Indiana General Assembly should consider clarifying that trust instruments – or at least certain kinds of terms in them – may be void for public policy.


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