Bowen v. Bowen
264 P.3d 233
Utah Ct. App.2011Background
- Analisa Bowen (Palmer) sues Tonna L. Bowen alleging breach of trust and improper amendments.
- Trust originally established by Bruce J. Bowen, with amendments affecting beneficiaries and trustees.
- 2001 amendment removed Analisa and Cordell Bowen as beneficiaries; Tonna became sole beneficiary and successor trustee.
- 1996 Order appointed Bruce as trustee and listed Analisa's address as unknown; notice issues raised.
- Analisa learned of the Trust and potential claim around May 26, 2006; discovery rule tolling at issue.
- Trial court: (a) discovery rule tolling applied to May 26, 2006; (b) 2001 amendment invalid for noncompliance with Article IV; (c) no reformation of trust.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discovery rule tolls the statute of limitations. | Analisa lacked knowledge of the Trust until 2006. | Constructive notice existed via 1996 Order and publication. | Yes; discovery rule applied to May 26, 2006. |
| Whether the 2001 Trust Amendment was valid. | Amendment reflected settlor’s intent to disinherit Analisa. | Amendment violated Article IV, which made the Trust unamendable. | Invalid; amendment not enforceable. |
| Whether the court should reform the Trust to reflect settlor’s intent. | Reformation available to conform to intent. | No grounds for mutual mistake or fraud; no equitable basis. | Refusal to reform affirmed. |
Key Cases Cited
- Snow v. Rudd, 998 P.2d 262 ( Utah 2000) (discovery rule and exceptional-circumstances balancing in trusts)
- Walker Drug Co. v. La Sal Oil Co., 902 P.2d 1229 (Utah 1995) (exceptional-circumstances discovery rule in trusts)
- Myers v. McDonald, 635 P.2d 84 (Utah 1981) (discovery rule tolling when appropriate in trust action)
- Colosimo v. Roman Catholic Bishop of Salt Lake City, 104 P.3d 646 (Utah 2007) (statute-of-limitations issues; review of statutes and discovery rule)
- In re Malualani B. Hoopiiaina Trusts, 118 P.3d 861 (Utah App. 2006) (validity of trust amendments; application of law to modify)
- Tangren Family Trust v. Tangren, 182 P.3d 326 ( Utah 2008) (discovery rule and equitable tolling principles in trusts)
- Davis v. Young, 190 P.3d 23 (Utah App. 2008) (trust modification and settlor’s rights; limits on amendment)