A lifetime maintenance agreement may be challenged by persons to whom the beneficiary has a legal duty of maintenance where conclusion of the agreement would deprive the beneficiary of the means of discharging such duty.
Instead of rescinding the agreement, the court may order the settlor to maintain such persons, with any such maintenance being brought into account against the benefits owed to the beneficiary under the lifetime maintenance agreement.
Actions in abatement by heirs and legal challenges by creditors are reserved.
0 commentaries
No commentaries are available for this article yet.
Programmatic access
API and MCP access with filters for source type, region, court, legal area, article, citation, language, and date.