Support Trusts
In a case of first impression, the South Carolina Court of Appeals held that a grant of discretion to a trustee to distribute principal and income for the “support” of a beneficiary allows the trustee to make distributions to pay for the private education of a beneficiary’s minor children.
Estate of Stevens v. Lutch, 617 S.E.2d 736 (S.C. Ct. App. 2005).
Special thanks to Rita and Joseph Solomon Prof. William P. LaPiana of the New York Law School for contributing this case.