Trustees’ refusal to make distributions was not reviewable

The beneficiary’s guardian filed a declaratory judgment action seeking a judgment that the trustees had the authority to make “tax motivated gifts” to the guardians of the beneficiary’s person.  The trust stated that the trustees may distribute principal if the trustees determine in the their discretion that a distribution would be in the best interests of the beneficiary.

The court dismissed the declaratory judgment action because the trustees’ stated refusal to exercise their discretion did not present a justiciable issue and affirmed the trial court’s holding that the action was not one to modify, vary, set aside or nullify any provision of the trust and thus did not invoke the no contest clause. Di Portanova v. Monroe, 229 S.W.3d 324 (Tex. App. 2006).