Pennsylvania § 2803 - Judicial proceeding.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 2803 — Judicial proceeding., with citation guidance and answers to common questions.
§ 2803. Judicial proceeding.
(a) Standing.--The decedent's personal representative, trustee or any affected beneficiary under the will, trust or other dispositive instrument may bring a proceeding to interpret a formula clause.
(b) Commencement.--A proceeding under this section must be commenced within 12 months following the death of the decedent.
(c) Considerations.--In a proceeding under this section, the court shall consider all of the following:
(1) The provisions and purposes of the will, trust or other dispositive instrument.
(2) The facts surrounding the creation of the will, trust or other dispositive instrument.
(3) The decedent's known or probable intent, based on all the facts and circumstances surrounding the creation of the will, trust or other dispositive instrument. In determining this intent, the court may consider evidence that contradicts the plain meaning of the will, trust or other dispositive instrument.
(4) The identity and interests of beneficiaries of different shares resulting from the application of the formula clause.
(d) Modifications.--The court shall have the power to modify a provision of a will, trust or other dispositive instrument in a manner that is not contrary to the decedent's probable intention in order to achieve the decedent's tax and other objectives.
(e) Effective date of interpretation or modification.--The court may provide that an interpretation or modification pursuant to this chapter shall be effective as of the decedent's date of death.
Cross References. Section 2803 is referred to in section 2802 of this title.
Frequently Asked Questions About Pennsylvania § 2803
What does Pennsylvania Consolidated Statutes § 2803 cover?
Section 2803 ("Judicial proceeding.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 2803?
A common citation format is "Pennsylvania Consolidated Statutes § 2803" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 2803 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.