Estate of Corwin CA2/6

Facts Bernard and Lorraine Corwin (the settlors) established the Bernard B. Corwin and Lorraine K. Corwin 2000 Family Trust (the “Trust”) to hold their assets and govern the distribution of those assets after their deaths. The settlors had one child, respondent Joel M. Corwin, and one living grandchild, appellant Diana Corwin Gordon. Originally, on the first settlor’s death, the trust corpus would split into two sub-trusts, Trust A and Trust B. The surviving settlor’s interest would go to Trust A which was revocable. The deceased settlor’s interest would go to Trust B, which was irrevocable. On the survivor’s death, the remainder of Trust A would be added to Trust B and the entire corpus would be distributed to respondent. Bernard and Lorraine executed the First Amendment to and Restatement of the Trust (the “First Restatement”) one year later. This document provided that, on the first settlor’s death (the “Decedent”), the Trust would split into three sub- trusts: the Decedent’s Trust, the Marital Trust, and the Survivor’s Trust. The Survivor’s Trust held the interests of the surviving settlor (the “Survivor”) and was revocable. The Survivor held a general power of appointment…