A case of an unusual will is under scrutiny at the Massachusetts Supreme Judicial Court. The deceased woman had intended to leave her entire estate to her pet cocker spaniel, who predeceased her.
The court’s Aug. 24 opinion—authored by Justice Elspeth B. Cypher—highlighted the need for further analysis into whether the remaining assets in the deceased woman’s pet trust should be passed on to a charity, in line with her instructions.
To resolve the ambiguity surrounding the will, the court emphasized the need for extrinsic evidence. A key question concerns the decedent’s intent at the time of constructing her will, regarding whether the yet-to-be-named charity should receive the remaining assets, despite the aforementioned pet cocker spaniel not outliving her.
Additional details on this ongoing case can be found on Law.com.