OCM Partner David Mack quoted in Massachusetts Lawyers Weekly

OCM partner David Mack was quoted in a January 6, 2022 Massachusetts Lawyer’s Weekly article regarding the recent SJC case, Sacks, et al. v. Dissinger, et al..  The case involves a claim brought by siblings against their aunts, whom they accused applied undue influence on their father to convince him to disinherit them.

A Superior Court judge dismissed the claims as time-barred under G.L.c. 203E, §604, a Massachusetts Uniform Trust Code provision mandating that actions contesting the validity of a trust to be brought within one year of the settlor’s death. On appeal, however, the plaintiffs argued that their tort-based claims did not actually challenge the validity of the trust and therefore were not time-barred by §604.  The SJC agreed, concluding that that the intentional interference claim is not subject to §604’s one-year deadline.

David was quoted saying, “[The decision] won’t cause estate planners to recommend that wills be used instead of trusts, but it could cause trustees to delay distribution of trust assets for fear that an excluded family member will bring a claim several years after death…The opinion could also spawn litigation since the limitations period does not start to run until the excluded beneficiary learns of the harm.”

For more information about the article and decision, follow this link.

The decision can be found here.