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Appeals court reviews trial findings after UBS sought judicial instruction following concern about account-holder capacity
Summary
UBS sought declaratory relief and instructions after it flagged account-holder Bernadine Matten as a vulnerable client; the Land Court found Matten had capacity and ordered UBS to follow trustees’ directions, while the bank defended its steps as reasonable in light of alleged "red flags."
Thomas McMillan, representing Thomas Matten (individually and as personal representative of Bernadine Matten’s estate) in UBS Financial Services v. Matten (24P748), said the trial court’s declaratory judgment contained factual errors that could affect related litigation in Essex County Superior Court. Counsel said the trial judge correctly found that Bernadine had capacity to execute amendments and a durable power of…
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