Are Adjustment Clauses in Disclaimers Void as Against Public Policy?

Thumbnail Image
Date
2009-12-18
Authors
Harl, Neil
Major Professor
Advisor
Committee Member
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract

In a 2009 Eighth Circuit Court of Appeals case, Estate of Christiansen v. Commissioner,1 the issue of fractional or formula disclaimers was raised, with the Eighth Circuit confronted with the assertion by the Internal Revenue Service that “. . . such disclaimers should be categorically disqualified as against public policy.”2 The case involved the estate of a South Dakota rancher who had implemented a rather novel estate plan prior to her death.3 The appellate court upheld a bequest of property to a charitable foundation as a result of the daughter’s disclaimer in an amount that reflected the increased valuation of the property included in the gross estate.4

Series Number
Journal Issue
Is Version Of
Versions
Series
Academic or Administrative Unit
Type
article
Comments
Rights Statement
Copyright
Funding
DOI
Supplemental Resources
Source
Collections