Interest in trust vested at time of death

The settlor created a trust which terminated upon his death with the trust property to be distributed to a grandson “if he is living at the time of distribution.”  The grandson died before the distribution of trust assets was complete.

The court held that in light of the strong preference for early vesting, the language of the trust taken in context makes the time of distribution the death of the settlor and therefore the remainder of the trust property must be distributed to the grandson’s estate.  Bryan v. Dethlefs, 959 So. 2d 314 (Fla. Dist. Ct. App. 2007).