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  • Hanson v. Denckla

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    The Supreme Court reversed the Florida Supreme Court's decision regarding a trust established in Delaware. The trust was set up by a deceased mother in Delaware and administered by a Delaware trust company that had no offices or business in Florida. Even though the mother later became domiciled in Florida, the court found that this was not enough to establish minimum contacts to give Florida jurisdiction over the trust. The court remanded the case back to the lower court.

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    The Supreme Court reversed the Florida Supreme Court's decision regarding a trust established in Delaware. The trust was set up by a deceased mother in Delaware and administered by a Delaware trust company that had no offices or business in Florida. Even though the mother later became domiciled in Florida, the court found that this was not enough to establish minimum contacts to give Florida jurisdiction over the trust. The court remanded the case back to the lower court.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    840 views1 page

    Hanson v. Denckla

    Uploaded by

    crlstinaaa
    The Supreme Court reversed the Florida Supreme Court's decision regarding a trust established in Delaware. The trust was set up by a deceased mother in Delaware and administered by a Delaware trust company that had no offices or business in Florida. Even though the mother later became domiciled in Florida, the court found that this was not enough to establish minimum contacts to give Florida jurisdiction over the trust. The court remanded the case back to the lower court.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as TXT, PDF, TXT or read online from Scribd
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    Download as txt, pdf, or txt
    of 1

    Case: Hanson v.

    Denckla

    Parties: Plaintiff - Hanson


    Defendant - Denckla

    Procedural History: Florida supreme court verdict was appealed to the U.S.
    supreme court.

    Facts: Mrs. Donner, deceased mother, had established a trust in Delaware, and
    years became domiciled in Florida. Trustee had remitted trust income to Mrs.
    Donner in Florida, and she had carried out several bits of trust admiration.
    However, it was not found that the trustee performed any acts in Florida. Trust
    company has no office in Florida, and conducts no business there. After a Florida
    judgment, issue went to Supreme Court. If Florida has jurisdiction, 2 daughters
    receive all of the trust, and 1 receives nothing . If jurisdiction in Delaware,
    all 3 receive equal shares in the trust.

    Issue: Does Florida have jurisdiction, when the controversary is in regards to a


    trust established in Delaware, which was given by a Delaware company, that has no
    business dealings or locations in Florida, to a woman who years after receiving
    the trust, became domiciled in Florida?

    Judgment/Holding: Florida does not have jurisdiction, because there is no minimum


    contact so that the state may have jurisdiction. Supreme court reversed Florida
    state decision, and it was remanded.

    Reasoning: The fact that the owner was domiciled in Florida was not enough of a
    sufficient affiliation to establish a minimum contact in Florida.

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