PRINTER'S NO. 1357
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1034
Session of
2022
INTRODUCED BY BROWNE, MENSCH, STEFANO, PITTMAN AND SCHWANK,
JANUARY 26, 2022
REFERRED TO JUDICIARY, JANUARY 26, 2022
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in intestate succession,
further providing for share of surviving spouse; in wills,
further providing for modification by circumstances and for
penalty clause for contest; in administration and personal
representatives, providing for application to co-personal
representatives; in estates, further providing for
modification by divorce or pending divorce; and, in trusts,
further providing for rules of construction - UTC 112 and
providing for modification by circumstances and for penalty
clause for contest.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2102 of Title 20 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 2102. Share of surviving spouse.
The intestate share of a decedent's surviving spouse is:
* * *
(6) If a surviving spouse is entitled to an intestate
share under both sections 2507(3) (relating to modification
by circumstances) and 7710.3(a)(2) (relating to modification
by circumstances), the surviving spouse shall be entitled to
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only one allowance of $30,000 under either paragraph (2) or
(3), with such amount being paid first from the estate under
section 2507(3) before any portion of the $30,000 allowance
is paid under section 7710.3(a)(2).
Section 2. Sections 2507(3) and (4) and 2521 of Title 20 are
amended to read:
§ 2507. Modification by circumstances.
Wills shall be modified upon the occurrence of any of the
following circumstances, among others:
* * *
(3) Marriage.--
(i) If the testator marries after making a will, the
surviving spouse shall receive the share of the estate
[to which he would have been entitled had the testator
died intestate unless] under subparagraph (ii), unless:
(A) the will shall give [him] the surviving
spouse a greater share [or unless];
(B) it appears from the will that the will was
made in contemplation of marriage to the surviving
spouse[.]; or
(C) upon the testator's death there exists a
revocable trust that was made or amended by the
testator on or after the date of the testator's
marriage to the surviving spouse.
(ii) The share to which the surviving spouse is
entitled under this paragraph is the share to which the
surviving spouse would have been entitled had the
testator died intestate, but if the testator is survived
by one or more children who are not children of the
surviving spouse, or by issue of that child or children,
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the share shall be calculated based on, and paid only
from, the portion, if any, of the testator's estate not
passing to that child or issue.
(4) Birth or adoption.--If the testator fails to provide
in [his] the testator's will for [his] the testator's child
born or adopted after making [his] the will, [unless it
appears from the will that the failure was intentional, such]
the child shall receive out of the testator's property not
passing to a surviving spouse, [such] the share as [he] the
child would have received if the testator had died unmarried
and intestate owning only that portion of [his] the
testator's estate not passing to a surviving spouse[.],
unless:
(i) it appears from the will that the failure was
intentional; or
(ii) upon the testator's death there exists a
revocable trust that was made or amended by the testator
on or after the date that the omitted child was born or
adopted.
* * *
§ 2521. Penalty clause for contest.
[A provision in a will or trust purporting to penalize an
interested person for contesting the will or trust or
instituting other proceedings relating to the estate or trust is
unenforceable if probable cause exists for instituting
proceedings.] A provision in a will purporting to penalize a
beneficiary for contesting the will or instituting other
proceedings relating to the estate is enforceable unless the
court finds that there was probable cause for contesting the
will or instituting the proceedings.
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Section 3. Title 20 is amended by adding a section to read:
§ 3327.1. Application to co-personal representatives.
A will may assign different duties and different standards of
care to different personal representatives and may limit the
liability of a personal representative who follows a direction
or veto of another personal representative to whom the will
gives exclusive authority over the subject of the direction or
veto.
Section 4. Sections 6111.1 and 7710.2 of Title 20 are
amended to read:
§ 6111.1. Modification by divorce or pending divorce.
(a) Effectivity.--Any provision in a conveyance which was
revocable by a conveyor at the time of the conveyor's death and
which was to take effect at or after the conveyor's death in
favor of or relating to the conveyor's spouse shall become
ineffective for all purposes, unless it appears in the governing
instrument that the provision was intended to survive a divorce,
if the conveyor after making the conveyance:
(1) is divorced from such spouse [after making the
conveyance]; or
(2) dies domiciled in this Commonwealth during the
course of divorce proceedings, no decree of divorce has been
entered pursuant to 23 Pa.C.S. § 3323 (relating to decree of
court) and grounds have been established as provided in 23
Pa.C.S. § 3323(g).
(b) Applicability.--This section does not apply to trusts
under Chapter 77 (relating to trusts).
§ 7710.2. [Rules of construction - UTC 112.
The rules of construction that apply in this Commonwealth to
the provisions of testamentary trusts also apply as appropriate
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to the provisions of inter vivos trusts.] Rules of construction
and interpretation.
Unless the terms of the trust contain contrary rules of
construction or interpretation, the rules in section 2514
(relating to rules of interpretation) and other judicial rules
of interpretation that apply to wills and testamentary trusts
shall be applied in interpreting the terms of all inter vivos
trusts, as appropriate. Whenever a provision in section 2514
refers to a "will," "estate," "testator" or similar term
relevant primarily to wills and estates or a taker under a will
or estate, the term shall be modified to mean "terms of the
trust," "trust," "settlor," "trust beneficiary" or a similar
term to reflect the application of the principles of those
provisions to an inter vivos trust.
Section 5. Title 20 is amended by adding sections to read:
§ 7710.3. Modification by circumstances.
(a) Circumstances.--Revocable trusts shall be modified upon
the occurrence of any of the following circumstances, among
others:
(1) Divorce or pending divorce.--Any provision in a
settlor's revocable trust in favor of or relating to the
settlor's spouse shall become ineffective for all purposes,
unless it appears from the revocable trust that the provision
was intended to survive a divorce, if the settlor after
making the revocable trust:
(i) is divorced from such spouse; or
(ii) dies domiciled in this Commonwealth during the
course of divorce proceedings, no decree of divorce has
been entered pursuant to 23 Pa.C.S. § 3323 (relating to
decree of court) and grounds have been established as
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provided in 23 Pa.C.S. § 3323(g).
(2) Marriage.--
(i) If the settlor marries after the later of making
or amending a revocable trust, the settlor's surviving
spouse shall receive the share of the assets held in the
revocable trust under subparagraph (ii) unless:
(A) the revocable trust shall give the surviving
spouse a greater share;
(B) it appears from the revocable trust that the
trust was made or amended in contemplation of
marriage to the surviving spouse; or
(C) the settlor dies with a will that was made
or amended on or after the date of the settlor's
marriage to the surviving spouse.
(ii) The share to which the surviving spouse is
entitled under this paragraph is the share to which the
surviving spouse would have been entitled had the settlor
died intestate and owning the assets held in the
revocable trust, but if the settlor is survived by one or
more children who are not children of the surviving
spouse, or by issue of that child or children, the share
shall be calculated based on, and paid only from, the
portion, if any, of the trust estate not passing to that
child or issue.
(3) Birth or adoption.--If the settlor fails to provide
in the settlor's revocable trust for the settlor's child born
or adopted after the later of making or amending a revocable
trust, the child shall receive out of the assets held in the
revocable trust not passing to a surviving spouse, the share
as the child would have received if the settlor died
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unmarried and intestate owning only that portion of the
assets held in the revocable trust not passing to a surviving
spouse, unless:
(i) it appears from the revocable trust that the
failure was intentional; or
( ii) the settlor dies with a will that was made or
amended on or after the date that the omitted child was
born or adopted.
(b) Slaying.--The provisions of Chapter 88 (relating to
slayers) apply to all trusts.
(c) Good faith distribution.--No fiduciary without knowledge
and when acting in good faith solely in a fiduciary capacity
shall be held liable to an aggrieved surviving spouse, intestate
heir or beneficiary for making a distribution under this section
or under the governing instrument as a result of a will or
codicil admitted to probate subsequent to six months after the
testator's death.
§ 7710.4. Penalty clause for contest.
A term of a trust purporting to penalize a beneficiary for
contesting the trust or instituting other proceedings relating
to the trust is enfo rceable unless the court finds that there
was probable cause for contesting the trust or instituting the
proceedings.
Section 6. This act shall apply as follows:
(1) The following shall apply to estates of decedents
and to settlors dying on or after the effective date of this
act:
(i) The amendment of 20 Pa.C.S. §§ 2507(3) and (4)
and 6111.1.
(ii) The addition of 20 Pa.C.S. §§ 2102(6) and
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7710.3(a) and (c).
(2) The addition of 20 Pa.C.S. § 7710.3(b) shall apply
to all trusts and settlors regardless of whether:
(i) the trust was made before, on or after the
effective date of this act; or
(ii) the settlor died before, on or after the
effective date of this act.
(3) The amendment of 20 Pa.C.S. § 7710.2 shall apply to
trusts made before, on or after the effective date of this
act.
Section 7. This act shall take effect in 90 days.
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