Ashley Schobert

Document Type

Case Summary

Publication Date

1-2021

Case Synopsis

Under NRS 164.021(2)(c), a trustee’s notice to beneficiaries is required to include “[a]ny provision of the trust instrument which pertains to the beneficiary.” Patricia Horst, a trustee to her grandmother Ella E. Horst’s Trust, served notice to beneficiaries, heirs, and interested persons regarding the Trust’s irrevocability. At the time she issued notice, the Trust contained three amendments. No beneficiaries objected within the allotted 120-day period. When Patricia later sought to recognize a purported fourth amendment, Brian Holiday, Ella E. Horst’s son, filed an objection to all the Trust’s amendments. Patricia argued that Holiday was time-barred from objecting to the second and third amendments. Holiday disagreed and contended that the word “any” in the statute was properly interpreted to mean “all.” The Court found that based on the principles of statutory construction, the word “any” in NRS 164.021(2)(c) means “all.” Thus, Holiday was not time-barred from objecting to the second and third amendments of the Trust when Patricia sought to recognize the fourth amendment.

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