---
title: "Trust Disputes: Language Not Covered in the Uniform Trust Code"
description: attempting to amend a trust is tricky
image: https://www.gallatin-law.com/hubfs/Canva%20images/Canva%20Design%20DAE9yry9EGw.png
---
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04/13/2022
# Trust Disputes: Language Not Covered in the Uniform Trust Code
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A very interesting trust litigation just ran its way through the court of appeals. At issue was a "no contest" clause. No such clause or concept is addressed or governed by the Minnesota Uniform Probate Code. As such, the court's analysis defaulted to the general construction principles of Minnesota law. What are those principles? Glad you asked!!
If a court is required to interpret a trust agreement, the court’s purpose “is to ascertain and give effect to the grantor’s intent.” *In re [Stisser Grantor Trus](https://caselaw.findlaw.com/mn-supreme-court/1607998.html)*[t, 818 N.W.2d](https://caselaw.findlaw.com/mn-supreme-court/1607998.html)[ 495, 502 (Minn. 2012)](https://caselaw.findlaw.com/mn-supreme-court/1607998.html). “A court should seek out the grantor’s dominant intention by construing the trust agreement in its entirety.” *In re[ Van Dusen Marital Trust](https://caselaw.findlaw.com/oh-court-of-appeals/1016100.html)*[, 834 N.W.2d](https://caselaw.findlaw.com/oh-court-of-appeals/1016100.html)[ 514, 520 (Minn. App. 2013)](https://caselaw.findlaw.com/oh-court-of-appeals/1016100.html), rev. denied (Minn. June 26, 2013). A trust agreement is to be construed “to give effect to the [grantor’s] intent as expressed in [its] plain language.” *In re Trusteeship Under Kischel Trust*, 299 N.W.2d 920, 923 (Minn. 1980).
In this most recent opinion, a beneficiary made some massive mistakes. First, he put in writing his displeasure with the distribution he was to receive. His written disappointment was that he felt he deserved more. Second, he had a trustee execute an amendment, to this spurned beneficiary's benefit, that was signed essentially on the trustee's death bed. That status screams lack of capacity to lawfully execute the amendment. Third, the beneficiary was one of the witnesses to the executed amendment. That too is a major red flag and will lead to negating the amendment.
The no-contest clause basically stated that anyone who contests the terms of the trust loses any rights he has to a distribution. At issue then was whether the last-minute amendment to the trust in favor of the spurned beneficiary constituted a contest of the trust's terms.
When millions of dollars are at stake and the witnesses needed are not alive, it is critical to know the rules of the Trust game. If you have questions about a trust situation you are involved in, call me to discuss it and we will work together to reach a positive outcome.
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## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin)
Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo.
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