Significant Probate and Trust Decisions - Section VII
John F. Kuether
SUMMER 1994 Signipant Probate and %st Decisions 353 surviving spouse received a nondeductible terminable interest. This case is a reminder that, in any situation in which a will may be found to be contractual, a protective QTIP election may be needed to preserve the marital deduction, as it is often a question of fact whether a contractual will was intended. Regulation section 20.2056(b)-7(d)(3)237 provides that an income interest that is contingent upon an executor's election is not a qualifying...